Court turns down injunction by Carib workers

Carib workers ran into a roadblock yesterday in their efforts to bring an end to the seven-week lockout by their employers, when their application for the purpose was refused by the Industrial Court. Acting on behalf of the workers, the National Union of Government and Federated Workers (NUGFW) sought an injunction from the court restraining the Caribbean Development Company Ltd and Carib Glassworks Ltd from refusing, or continuing to refuse to permit workers to enter the compound to resume their employment. In refusing the application, the court indicated that it did so in accordance with equity, good conscience and the substantial merits of the case before it, and having regard to the principles and practices of good industrial relations.

The question of whether or not the lockout action is legal will be determined definitively when the substantive action is heard. The court said the interests of justice would be better served by the expeditious hearing and determination of the substantive action — Industrial Relations Offence — illegal lockout, under provisions of the Industrial Relations Act. It noted that provision was made for sanctions to be imposed respectively on employers, trade unions and workers taking part in illegal action. In addition, Section 63 (2) of the IRA indicates there are prescribed penalties for the employer or trade union guilty of the industrial relations offence.

“Having regard to the fact that the Parliament anticipated illegal lockout action, such as the union alleges in the substantive action, and has prescribed penalties and remedies, it appears to this court that the better course is to have the substantive matter heard and determined. “To grant the injunction bringing an end to the lockout action at this stage is to run the risk of depriving the companies of the exercise of a right so rarely available only, perhaps to have a determination made in the substantive action that they were, after all, lawfully taking the very action that was restrained as illegal by the injunction,” said the court. The court’s quorum was Gladys Gafoor, the vice president; and members J Rajkumar- Gualbance, VE Ashby, R Lutchmedial and S Ramparas.