Sexual harassment is unfortunately a common occurrence in the workplace. It is defined as unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature, when:

Submission to such conduct is made either implicitly or explicitly a term or condition of employment;

Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual

Such conduct has the purpose or effect of unreasonably interfering with the individual’s work performance or creating an intimidating, hostile or offensive work environment.

Sexual harassment can occur in two forms: “hostile environment” harassment or “quid pro quo” harassment. Both types of sexual harassment should be strictly prohibited by company policy and may subject offenders to serious discipline, up to and including dismissal.

In Trinidad and Tobago, unfortunately, we do not have specific laws that prohibit sexual harassment in the workplace. However, there is the Equal Opportunity Act that prohibits discrimination in the workplace and sexual harassment is considered a form of sex discrimination. Therefore, a remedy is available if it can be proven that discriminatory harassment occurred under Section 5 of the Equal Opportunity Act.

There is also the Sexual Offences Act, where sexual harassment may be considered indecent assault. A person Uncomfortable at Work can be charged with indecently assaulting someone under Section 15 of the Sexual Offences Act.

Further, psychological injury or damage as a result of sexual harassment may be sufficient injury to health and welfare to initiate a claim under Section 6 of the Occupational Safety and Health Act.

Common-law remedies are also available where the courts may award compensation to a victim of sexual harassment.

Sexual harassment is difficult to experience, and it is important to learn how to effectively deal with it. The right approach to deal with sexual harassment depends on your particular situation.

Talk to the person directly At times joking around with colleagues and even teasing is part of a normal workday. However, when the initial and offensive sexual harassment incident takes place, ask the person harassing you to stop in a forceful manner.

If your harasser continues displaying the same behaviour, inform your harasser that you plan to file a report to HR if the behaviour continues. Some people discontinue their behaviour once such a threat is made. If the harasser fails to stop, you can then take further action. You must, however, draw a hard line from the onset.

Find other victims and witnesses Remaining silent about sexual harassment only makes you more vulnerable. Harassers like isolating their victims – physically and socially. If you tell others what’s going on, you might also find out that you’re not the only one. If more than one person lays a complaint, it significantly strengthens the case against the harasser. By sharing what you are experiencing, you can actively search for other victims of the same harasser. Most times, you won’t be the only victim. You may also find that other victims have filed complaints in the past.

Secure their testimony or that of any witnesses to your incidents in writing. This helps support your claim and builds your case.

Safety in numbers Make sure that you are not alone with the harasser behind closed doors. Take a colleague with you if you feel threatened and insist that doors be left open if you have to be in a meeting. Make sure that somebody knows where you are at all times. Remember there is safety in numbers. Also, minimise or avoid working after hours or weekends alone with your harasser. It only provides further opportunities for the behaviour to continue.

Inform your supervisor Follow company’s procedures to file a complaint – and keep records of all correspondence in this regard. If a complaint has been laid and your employers continue to ignore the situation, they could be liable for damage claims.

Most companies may require that you report the incident to your immediate supervisor. If talking to your harasser did not stop the behaviour, report all incidents to your immediate supervisor. Write a formal letter to your supervisor detailing the events that took place. Ask your supervisor for a meeting to explain the situation in person.

Contact the HR manager After informing your supervisor (or if the harasser is your immediate supervisor), you should also contact your Human Resources manager.

Human Resources will inform you of the action you need to take concerning the sexual harassment incidents. The HR manager should also possess expert knowledge concerning sexual harassment and discrimination and should be willing and able to give you impartial advice and investigate the matter in a confidential manner. Once the matter has the attention of HR, continue to follow up with the HR manager to ensure that it is being treated with the seriousness that it deserves. The company at this time is obligated to ensure your safety.

Contact senior management If your supervisor refuses to take action, or the HR department refuses to act, or you don’t have a HR department, you can file a formal complaint with your company’s senior management.

Senior management should handle your situation with discretion and inform you of any further actions you must take. You must present all evidence and documentation concerning the incidents to senior management.

Contact EOC If your complaint does not result in your organisation taking action, you can file a charge with the Equal Opportunity Commission (EOC), which investigates sexual harassment incidents in the workplace. Inform the EOC of your employer’s name, the name of the offender and the details surrounding the incidents. They have the requisite skills and ability to advise you on the way forward.

F ile a lawsuit After you file a complaint with the EOC, you can possibly file a lawsuit. You can seek monetary damages, or try to get your job back if your employer fired you due to the incidents. If you plan to file a lawsuit, it’s much more convincing if you can give names, dates, places and the names of possible witnesses, than when your charges are unproven. That’s why keeping records is important which includes records of anyone who has witnessed any of these events that can be called to testify if there’s a disciplinary hearing. You should seek legal representation from an attorney who handles sexual harassment cases, if all else fails.

Given the upsurge in sexual harassment claims, now may be the opportune time to also encourage your senior management to implement a company code of good practice on sexual harassment that will encourage and promote the development and implementation of policies and procedures and lead to a workplace that is free of sexual harassment, and where each employee’s integrity, dignity and privacy is respected.

Good luck, AFETT AFETT is a not-for-profit organization formed in 2002 with the goal of bringing together professional women and engaging in networking opportunities, professional training and business ideas. ASK AFETT is a column meant to address issues and concerns of professionals seeking advice to assist in progressing in their careers. Today’s response was written by AFETT member, Cavelle Joseph, Human Resource Practitioner and AFETT’s Immediate Past President. Learn more about AFETT at www.afett.com, search for AFETT Events on Facebook, follow us @ AFETTEXECS on Twitter or contact us at 354-7130. Email us your career-related questions at admin.

afett@gmail.com.

She called on people to emulate the Bible’s Good Samaritan and show selflessness and service to those in need of support.

“See beyond the surface.

Be like the Good Samaritan. Dismiss what is different and focus on what makes us one. Draw that person in to respond to the love and kindness that you have to offer.

Remember those who have died from Aids and let them serve as a reminder of how short life can be,” she said.

Executive director of the Family Planning Association Donna Da Costa Martinez echoed Tenia’s call for compassion, urging greater public and private-sector partnerships to reach out to more patients.

She reminded government that it too has an obligation to those in need, urging them not to turn a blind eye to those who need help the most.

Martinez called on parishioners to ensure no one is left behind.

“It’s important that we remove all social, legal, religious and racial barriers which keep people in isolation.

Speak out so others may have an easier life and practise sensitivity and understanding with those among you.” The evening’s service ended with a candlelight procession down Frederick Street in Curepe, to the Eastern Main Road and back to the church.

“It’s very easy to say, ‘I want better salaries and I want better service’, while at the same time we are doing everything we can to escape paying our taxes. In fact the words of US President (John F) Kennedy when he was inaugurated I think, need to come within us and that is, ask not what your country can do for you, ask what you can do for your country,” Harris said.

He added that all of the country’s trade unions are making more and more demands but are not asking where government is going to get the money. “I am not saying that the way it is being collected is the best way or the best system, but ‘yes’, the government has to find a way of collecting taxes so it can fund its responsibilities,” he said.

The Archbishop’s statement comes as a High Court ruling placed a temporary stay on the implementation of the property tax with immediate effect, until June 6. Justice Frank Seepersad ruled on Friday last, in the San Fernando High Court, following submissions by Senior Counsel and former attorney general Anand Ramlogan, who filed for judicial review on behalf of applicant Devant Maharaj, a former People’s Partnership government minister.

For several days, citizens were stuck in long lines in an effort to submit their property tax valuation forms before the government- stipulated May 22 deadline.

Finance Minister Colm Imbert then extended the deadline to June 5. He had said all property tax forms must be submitted to Valuation Division offices as the Valuations Act of 2009 gives the Commissioner of Valuations power to, “require all land owners to submit a return and all supporting information.” Opposition Leader Kamla Persad- Bissessar described the law as draconian and that this tax is a tremendous burden to be imposed on citizens during a time of recession. On Monday, the Court of Appeal said it would hear the State’s appeal of Seepersad’s ruling on June 6. In the meantime, Imbert advised property owners that they are free to submit valuation return forms on a voluntary basis.

On the Manchester bombing attack, which claimed 22 lives, Harris said that one must face evil with love. “Yes a lot of people were killed, a lot were hurt and I suppose it would be easy to move to vengeance mode. ‘Let us catch these terrorists and blow them up’, but I think while we have to protect ourselves against that kind of evil, we have to be motivated by love,” he said.

The Ministry of Foreign and Caricom Affairs yesterday said all nationals within the London diaspora who are registered with the High Commission are safe and accounted for following the terror attack.

In a release, the Ministry said the High Commission has encouraged all nationals to be vigilant and to adhere to the advertised security measures. Nationals have also been advised to contact the Mission in the event of any emergency. Harris who has tendered his resignation on reaching the retirement age, says he is still awaiting notice from Pope Francis on whether he (the Pope) has accepted the resignation or will defer it and extend Harris’ appointment.

Police went to the homes of the suspects shortly after 9 am yesterday.

The suspects, 21 and 23, live at Spring Trace and Fanny Village in Point Fortin respectively.

Up to late yesterday a party of police including Insp Corrie, Sgt Haynes and Cpl Bhajan were interviewing the two. On Monday at about 2 pm, a friend went to Fortune’s home only to find a section of his house at Ibis Street in Fanny Village, burnt. When she entered the bedroom, the woman saw Fortune’s partially burnt body under a mattress and contacted police.

Police said the house was ransacked.

It is believed Fortune fought with his attackers and was beaten, stabbed and then set on fire. Fortune, a retiree of the Agriculture, Land and Fisheries Ministry’s Forestry Division lived alone.

An autopsy confirmed Fortune died of multiple stabs and blunt force trauma.

So you may be asking, what is meant by ventilation? Ventilation is the process of supplying fresh air (usually outdoor air) to or removing air from a space for the purpose of controlling air contaminant levels, humidity, or temperature. Ventilation means that some form of air exchange occurs within a given timeframe.

Ventilation is important in enclosed areas such as offices and homes because it prevents pollutants from negatively affecting the health of occupants and removes unwanted smells and other indoor air contaminants and controls the amount of moisture in an area. Controlling moisture is particularly important because excess moisture may lead to mold growth.

Mold growth is of extreme concern because it can have negative health effects in susceptible persons such as the elderly and children. Symptoms may be minor but longterm exposure to mold can cause major health problems. Some of the symptoms of mold exposure may include nose, throat and eye irritation, headaches, fever, respiratory tract irritation and asthma. There are a few ways that ventilation can be provided to your home or office area.

These include: • Allowing air to enter naturally through windows, doors or ventilation blocks. In the event of a bush fire or when odours or dust are present outdoors, windows and doors should be immediately closed.

• Installing exhaust fans at various spots throughout your home or office area to allow air to be pushed in or out. Examples of these are usually found over stoves (range hoods) or in bathrooms.

• Introducing filtered outdoor air into your airconditioning unit. In buildings that utilise a centralized air-conditioning system, this can be accomplished by ducting the outdoor air directly into the unit. Speak to your air-conditioning contractor to ensure that this is being done.

In buildings that use split air-conditioning units, ventilation is more difficult as such units are not designed to accommodate outdoor air introduction. Persons should consider naturally ventilating such air-conditioning spaces for short periods of time if feasible. It is important to note, that in order for air-conditioning systems to be effective in cooling areas and providing adequate ventilation, they should be maintained on a regular basis to avoid blockages and to prevent pollutants from being trapped in your home or office.

Indoor air quality testing can also be done to determine whether the ventilation system in your building is working effectively in providing adequate air exchanges as well as removing unwanted chemicals and pollutants. Indoor air sampling also can aid in the monitoring of various parameters which are indicative of indoor air quality and ventilation problems, and serve to identify the root cause of indoor air quality ailments.

It is important to note, for those of us working for example, in laboratories and office buildings that the Occupational Safety and Health Act of Trinidad and Tobago, Amended 2006 states that employers are required to provide adequate ventilation. This does not only mean that a space should be air-conditioned to provide cooling but also means that some form of air exchange should occur through the introduction of outdoor air.

Be informed as to how poor ventilation affects you and your loved ones and how to improve the quality of the air that you breathe through ventilation.

CARIRI has positioned itself as a premier technology Institute based on service quality. Quality is a hallmark of the services provided to clients in Trinidad and Tobago, the Caribbean and extra regional markets. As part of its commitment to providing the highest quality services, CARIRI has established several quality management systems that work together to maintain the Institute’s overall high quality standards such as ISO 9001:2008 and ISO 17025:2005. Along with our other quality certifications, CARIRI is also STOW certified.

CARIRI also has a multi-disciplinary team with extensive experience and a wide range of skills to meet the needs of the client. The team is headed by an Environmental Specialist who is supported by a cadre of professional and technical staff that are Council-Certified Environmental Consultants accredited by the American Council of Accredited Certification (ACAC) and the Council of Engineering and Scientific Specialty Boards (CESB) which is the most prestigious certification specific to Indoor Air Quality.

Some of the services offered by CARIRI in the area of Indoor Air Quality include but are not limited to:
• Air Quality testing for any indoor air pollutant
• Air-conditioning and Ventilation systems inspections
• Mold testing both in the air and on surfaces
• Environmental sampling for common allergens
• Noise surveys
• Occupational health risk assessment
• Occupant surveys

For more information on Indoor Air Quality testing feel free to contact CARIRI’s Air Quality Management Solutions department at: Trincity West Industrial Estate, Macoya, Tel: (868) 285-5050 ext. 3300 Email: iaq@cariri.com

However, some of these lands are grabbed by non-nationals some who are from outside of Caricom, even as multiple lots are staked by characters dubbed “Squat Lords” who in turn rent out parcels to other individuals.

While in 2002 the cost to upgrade lots was $70,000, this had since risen to $100,000 to $130,000 (depending on the nature of the land), he said.

Since 2002 to present this has been funded by about $250 million in portions from two loans respectively awarded in 2002 and 2011 from the Inter American Development Bank (IDB). The overall loans were for US$40 million and US$50 million of which the allocations for squatter regularisation were respectively US$13 million and US$24 million, totalling US$37 million or about TT$250 million.

Hosein said these costs pay for box drains, asphalt paved roads, water supply, electrification and fire hydrants directly to each squatter’s lot. Other costs include broader activities such as topographical surveys, land use design and planning.

He said the original intent a few years ago was to provide gravel roads and earth drains, but now better facilities are supplied.

Since 1999, some 30 squatter settlements have been thus regularised out of some 251 sites listed in the relevant 1998 legislation. In addition, nine sites are now “substantially completed” he added.

Hosein estimated the country has 55,000 squatter homes, a sum that has been increasing at the rate of 1,000 new squatter claims per year.

“It’s not easy to get the names of people but we have now recorded every structure and where it is located,” he said. In Port-of-Spain and environs there exists 10,000 squatting families he said. He said the LSA does not handle new squatter settlements which is the role of the Commissioner of State Lands.

LSA chairman Ossley Francis said, “We prepare the land and people just move in in droves, and we cannot remove them.” Hosein said the biggest squatter site regularised by the LSA was Racecourse in Arima, of 703 lots developed, but of which a subsequent “invasion” reduced the available sites to 530 lots. He bemoaned that in some cases squatters there had occupied an area of 18,000 square feet each! Opposition Senator Ridger Samuel asked about people traversing Trinidad to set up a series of small squats which they later claim and then rent out to others.

Hosein replied, “That’s a reality that we face now. We have a term for persons like that which we call ‘Squat Lords’. Instead of landlords they are squat lords.

“So they tend to occupy more than one lot of land. And more than that, we now have squat lords who are developing areas of State land and selling these lands to other persons.” He said both buyer and seller are committing illegal acts.

Asked if any squat lords have ever been sanctioned under law, Hosein said “no”, as there is a challenge in getting information. Asked if he knew the names of any squat lords, he laughed and said no, adding that such matters should be sent to the police and the Commissioner of Valuations. In reply to a query by Independent Senator Jennifer Rafoul, Hosein said some $70 million had been spent under the former “Land for the Landless” programme, but out of 1,500 lots that had been fully developed, only six lots had ever been distributed.

Trade Minister Paula Gopee- Scoon chided the LSA for having no procurement officer even as procurement legislation is poised to take effect soon.

The PAC heard that the LSA needs an extra $35 million to get its staffing up to full complement.

Hosein said the LSA owes $10 million to contractors but itself owes no-one.

According to attorney Kelvin Ramkissoon, who appears with a team of lawyers for the Attorney General in the constitutional claim filed five years ago by Kublalsingh and the HRM over the construction of the contentious section of the highway, he had no formal instructions on what has been reported.

Ramkissoon was responding to a query by Justice James Aboud, who said he read something in the media about the road not being built.

“We are on the home stretch finally,” Aboud, said as he made the enquiry.

As he gave instructions to attorneys for the filing of closing written submissions, Aboud hinted at the possibility of delivering his judgment in February.

Lawyers for Kublalsingh and the HRM have been given until August 28 to file their submissions and legal authorities while the State’s lawyers are to reply by November 30.

Kublalsingh and the HRM’s lawyers will reply to the State’s reply on December 21.

Aboud has set aside January 22 for mention so that lawyers for either side can indicate if they will want to make oral submissions on key issues raised in the five-year-long case.

In their claim, which was filed in 2012, Kublalsingh and and the HRM are contending that the Government contravened their rights to “life, security, enjoyment of property, to freedom of expression and freedom of association” by building the highway without consulting them properly.

As part of their claim, Kublalsingh and the HRM also contend they had a legitimate expectation that the Government would have abided by the findings of a study done by the Joint Consultative Council for the Construction Industry (JCC) led by former Independent Senator Dr James Armstrong.

Work on the Point Fortin Highway has come to a halt and its main contractor Brazilian firm Construtora OAS was fired from the $7 billion project last year.

On the weekend, Kublalsingh said he was told by Government that the Debe to Mon Desir segment of the highway will not be built.

He also said Minister of Works Rohan Sinanan assured that consultation will be held with HRM should work have to be done on this part of the highway.

Kublalsingh twice went on hunger strikes to force the then Peoples Partnership government to reconsider the proposed highway route through the South Oropouche wetlands.

“We had meeting with the Minister of Works Mr Sinanan on March 13 and this meeting was requested by Prime Minister Dr Keith Rowley. At the end of the meeting, he (Sinanan) gave the undertaking that no works will proceed between Debe and Mon Desir which is the contentions segment of the highway until the HRM is first consulted. They didn’t have money to start any works at this time but in the event that they start work on that segment during their reign, they would first consult with us before any decisions are made.” Kubalalsingh said that at the meeting, which was also attended by the heads of NIDCO, he was told that there will be on-going consultation with the HRM.

According to a report in Tuesday’s Newsday, Santana was confronted with a situation which saw a man accused of robbery plead with him for protection.

The man was shot by a businessman who pursued him all the way to Santana’s front gate, carrying an unlicensed firearm.

It is the job of a police officer to protect and serve. In the process, that officer daily faces certain risks. But because the system of oversight of officers is poor – the Police Complaints Authority does not have enough resources; police officers investigate their own – officers do not get the credit they deserve. Tales of bad-apple cops often spoil the whole bunch. But there are clearly good police officers.

And in this case, there are even retired cops who are contributing in whatever way they can.

Santana may not be a police officer any longer, but his intervention arguably saved a man’s life.

He put the skills he clearly still has to good use.

The question then has to be asked: why is Santana retired? In a situation where crime levels are high and where police officers complain bitterly about not having enough resources, should the service be “retiring” perfectly capable officers based on arbitrary, ageist factors? Older officers will have a wealth of knowledge and experience that is lost when they are not passed on to junior officers.

Hopefully, these are some of the issues that will be touched on by the ongoing manpower audit being led by Prof Ramesh Deosaran. That audit is long overdue. And while we praise the effort by Deosaran and his team to engage with civil society and conduct a series of interviews, we call on the committee to expedite the submission of its final report, currently due on December 31.

We also call on the State to expedite efforts to inject 800 officers into the Municipal Police Service, a move which could reduce stresses on centralised police services and enable greater community policing.

Meanwhile, it must be observed that there were no fatalities in the events that unfolded on Monday in Gasparillo. The shooting of the suspected robber was an action that could have harmed onlookers. The situation could have easily escalated.

While all citizens have a legitimate right to defend themselves and their property, they can only do so through lawful means. This means the use of proportionate force as well as compliance with all laws and regulations governing the use of force, inclusive of the licensing of firearms.

It must also be emphasised that while Santana has called on citizens to assist police in the fight against crime, this is not to be interpreted as a call for vigilante justice. It is one thing to assist police officers at the scene of a crime; to report suspicious activity; to provide tips and information.

It is another thing to take it upon yourself to be judge, jury and executioner.

The solution to the current crime situation is not extra-judicial killings, no matter how trying the circumstances. If the use of fatal force can be avoided, it must at all cost be avoided.

There is also the thorny issue of effecting a citizen’s arrest.

Such an arrest is one done by an ordinary citizen not precepted to carry arms. This action, while it can sometimes be justified, often poses risks to the citizen, physically and legally.

We hail Santana who clearly had the skills to bring a potentially fatal situation under control.

“Despite our consistency in removing firearms from off the streets…the TTPS is deeply concerned with the availability of firearms and its use in crimes,” said ASP Pierre during the weekly police press briefing in Port of Spain. The police spokesman said that in the continued effort to remove illegal guns, police have been working closely with the Air Guard, Coast Guard and regiment to carry out searches on land, in the air and at sea.

Newsday understands that guns have been used in the majority of violent crimes.

Statistics show that 77 per cent of this year’s murders, 32 per cent of robberies and 60 per cent of woundings, all involved the use of firearms. He added that in 2016, police seized 617 firearms the highest in a calendar year and added they would continue the work this year.

Pierre attributed the seizure this year and last year to diligent police work and assistance from the public.

Of the 350 guns seized this year, the Southern Division got the most with 58, and Tobago the least, with six.

The guns range from pistols and revolvers to sub-machine guns and high powered rifles.

Police also found and seized about 4,717 rounds of ammunition of varying calibre this year. Calibres range from 9 mm, used in pistols and sub-machine guns, to 5.56 ammo used in military type assault rifles.

FIREARMS SEIZED BY DIVISION
PoS: 29
South: 58
West: 50
North: 59
Central: 51
South West: 37
East: 33
North East: 44
Tobago:

6 TYPES OF FIREARMS Revolvers:
71 Pistols:
203 Shotguns:
26 SMG:
10 Rifles:
5 Air rifles:
2 Home-made shotguns:
23 Trapguns:
15 Modified:
2 Others: 10

Rambachan said $2.69 billion was allocated to the Infrastructure Development Fund, but during the mid-year budget review, $1.257 billion had been transferred to the country’s recur- rent account. “So they have already transferred 47.8 percent of the Infrastructure Development Fund into recurrent,” he said, adding that while work warrants issued to date amounted to $589.3 million, or 22.4 per cent of the original allocation, the actual expenditure was $471.7 million, or 17.9 per cent as of April 30.

“So obviously the government will not be able to carry out any major development work,” Rambachan said. “This means that one should not expect any significant improvement in the construction sector, which is the sector that has the ability to kickstart the economy.” Rambachan also took issue with recent statements by Highway Reroute Movement (HRM) leader Dr Wayne Kublalsingh that government would not proceed with any work on the Debe to Mon Desir highway segment unless the HRM was first consulted.

Kublalsingh, at a media conference last Sunday at the OWTU Circular road, San Fernando headquarters, said Works and Transport Minister Rohan Sinanan had “advised the group that whilst the Debe to Mon Desir segment is currently not a priority for the ministry due to financial restraints, no decisions will be made on works in that area without further consultations with the HRM.” Rambachan, said the PNM administration should “make clear whether Dr Kublalsingh is speaking for them or whether he has authorisation to speak for them.

“The government should not discriminate against the people of Debe and Penal, and going to Fyzabad by not completing that part of the highway – substantial money has been invested in the development works and a number of the parts of the infrastructure have been completed. It would be an act of political discrimination if the government were to not continue that part of the highway and if what Kublalsingh is purporting to say on behalf of the government is true,” he said, adding that the bridge at Suchit Trace, Penal, was “virtually completed,” and all the surveying works had been done. “The highway should continue on both ends,” he said.