Mental illness, sexual harassment challenging TT employers

These were the views articulated recently by Industrial Court of TT president, Addison Khan, who also stressed that the country could not advance economically without industrial peace and stability.

Addressing a breakfast meeting at the TT Chamber of Industry and Commerce’s Westmoorings’ headquarters, Khan observed that cases of psychiatric illness and sexual harassment in the workplace were increasing worldwide and wondered whether local employers were fully prepared to deal with these issues should they occur in their respective businesses.

He said in England, the law indicates that an employer is liable for psychiatric illness arising out of or in the course of a worker’s employment. Khan noted that one such case was successfully filed in TT and informed his audience that "this is not without significance for employers in TT." He explained that for workers to be successful in such actions before the Industrial Court, "the illness must be a definite psychiatric illness and must be proved by medical evidence."

On the issue of sexual harassment in the workplace, Khan said there have been some of these cases coming before the Industrial Court but these were few and far between. Noting that a plethora of sexual harassment cases have been brought against employers in the United Kingdom, Khan said TT employers must stay current on this issue and should have "a publicised separate procedure for dealing with such complaints because of their sensitive nature."

Khan also said employers are obligated to give references to any worker who leaves their employment, collective agreements should be negotiated expeditiously and it was an offence under the Industrial Relations Act for an employer to fail to recognise a trade union which is the majority union for its employees.

The Industrial Court president said there would be chaos and confusion within any society which lacks good industrial relations. "Any ordered society must be concerned about industrial relations, since industrial relations affect the lives of real people. A developing country such as ours needs industrial peace and stability.

It is vitally necessary, therefore, that employers, trade unions and workers do everything possible to practise good industrial relations.

Our common aim is to strive for a stable industrial relations climate in TT," Khan said.

The Industrial Court president later told Newsday the country’s industrial relations climate was "quite good at the moment." Khan said the court played a pivotal role in maintaining industrial peace and stability in TT and citizens must always keep uppermost in their minds, the lessons of the 1960’s, "when industrial action threatened to destroy the national economy."