Ex-parte injunctions, abuse of the system?

THE EDITOR: Is this an abuse of ex-parte injunctions? In 2002, the Minister of Labour obtained an ex-parte injunction against the PSA. At that time, medical officers withheld their labour until there was parity in salaries with both RHA and Public Service. And even though parity in salary was offered on Thursday, the Minister of Labour was granted an ex-parte injunction on Friday. This cost the taxpayers at least one million dollars. It seems that suddenly, the Minister of Labour did not know the whereabouts of the PSA and thus required an ex-parte injunction.

In 2003, the Minister of Labour again obtained an ex-parte injunction against all medical officers of the public health service on a Sunday. It must be noted that on the previous Thursday, discussions were taking place with the medical officers and MPATT at the Ministry of Labour, on the directive of the Minister of Labour. It must be noted that it was the RHAs who were refusing to meet the medical officers. It must be noted that all of the doctors did not have contracts of employment. In other words, unemployed doctors were being ordered to report for duty. It was another embarrassing ex-parte injunction that was granted by the Industrial Court, on a Sunday. And it cost taxpayers another one million dollars. It seems that suddenly the Minister of Labour did not know the whereabouts of MPATT, a registered trade union and thus required an ex-parte injunction. In 2004, the Minister of Labour again obtained an ex-parte injunction. This time it involves TTUTA and teachers.

TTUTA is now involved in negotiations with the Chief Personnel Officer. TTUTA is a registered and recognised trade union, whose whereabouts are well known. And despite the raging publicity, the Industrial Court granted an ex-parte injunction. An did this also cost one million dollars? It seems that suddenly the Minister of Labour did not know the whereabouts of TTUTA, a registered and recognised trade union and thus required an ex-parte injunction. The Industrial Court must now state the conditions under which it grants ex-parte injunctions. Should ex-parte injunctions be granted when the whereabouts of the trade unions and their representatives are known? Should ex-parte injunctions be granted for issues that have been in the midst of raging publicity? Why was the presence of the “recognised” workers representatives not requested by the Industrial Court?

So after approximately two million dollars of taxpayers’ money and two ex-parte injunctions against medical officers, both the Ministry of Labour and the Industrial Court were embarrassed. Now we have another ex-parte injunction against teachers and TTUTA. Is this another million dollars of taxpayers’ money wasted? Is this another embarrassment? Why are these highly publicised issues granted ex-parte? Is this an abuse of the system, by the Minister of Labour and the Government?

PHILIP AYOUNG-CHEE FRCS
Port-of-Spain