Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698930865943.pdf (Trinidad and Tobago)
I n d u s t r I a l C o u r t o F t r I n I d a d & t o B a G o ANNUAL REPORT 2013 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o Letter to the Minister ST R I A U D N I E H T L C O U R T OF TRIN I D A D & T O B A G O FIAT JU S T I T I A THE IN DUSTRIAL CO URT OF TRI NI DAD AND TOBAGO our MIssIon We are an effective Court, upholding the principles and practices of good Industrial relations as pillars of Industrial peace, economic and social development.
our VIsIon To be an Industrial Relations Court, established under the Constitution which is fair, equitable and expeditious in dispensing social justice.
2 A n n u a l R e p o r t 2 0 1 3 THE INDUSTRIAL CO URT OF T R I NI DAD AN D TOBAGO Contents The PResIdenT’s message .................................................... 4 Judges and RegIsTRaRs ...................................................... 10 oRganIsaTIonal ChaRT ....................................................... 12 eConomIC and IndusTRIal ReseaRCh ........................ 14 ImPRovIng effICIenCy ThRough e-CouRT TRansfoRmaTIon ................................................ 16 delIveRIng QualITy seRvICe ........................................... 18 sTRengThenIng oRganIsaTIonal CaPaCITy .......... 21 engagIng ouR sTakeholdeRs ........................................ 24 fInanCIal RevIeW ................................................................... 27 The IndusTRIal CouRT famIly TRIbuTe & faReWell ...................................................... 29 sTaff of The CouRT ......................................................... 30 sPoRTs and famIly day ................................................ 32 ouR ChRIsTmas PaRTy ................................................... 33 aPPendICes .................................................................................. 34 3 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o the President’s Message as practitioners of Industrial Relations and as citizens of this country, it is important that we acknowledge the interlinkages between the economy, social development and industrial relations.
a stable industrial climate is a very strong link in the chain of economic growth which can serve as the foundation for improving social justice and the quality of life in the country.

I daresay that the private sector, the public sector and the trade unions strive for a stable industrial relations climate.
as a nation we all share the desire to live in a country with dynamic and fair social justice principles, which is characterised by sound industrial relations practices and inclusive and equitable economic growth for the benefit of all citizens.

I want to publicly commend the minister and the ministry of labour and small and micro enterprise development for some of the recent changes which have been made to improve social justice delivery in this country.
There have been several initiatives and changes at that ministry over the past years.

I therefore will highlight those which impact directly on the Industrial Court.

• In november 2010, the ministry of labour and small and micro enterprise development established the hIv/aIds advocacy and sustainability Centre (hasC).

The Centre has responsibility for implementing the national Workplace Policy on hIv/aIds and a sustainability Plan for addressing hIv and aIds in the workplace.
• as at January 1, 2011 the national minimum wage is increased from nine ($9) dollars to twelve dollars and fifty cents ($12.50) per hour.

• on march 9, 2012 the minister of labour and small and micro enterprise development officially appointed members to an Industrial Relations advisory Committee which is tasked with the review and amendments of the Industrial Relations act.
among the areas of the act to be reviewed are the definition of “worker”; the recognition of Construction and security employees; the issue of decertification of Trade unions; and appointments and the tenure of Judges of the Industrial Court.

We look forward to the report of the Committee and its implementation.

• another important legislative change was introduced in 2012 when The maternity Protection act Chapter 45:57 was amended by act no.

7 of 2012.
7 of 2012.

This act of 2012 increased maternity leave entitlement for women from 13 to 14 weeks.

Her Honour Mrs. Deborah Thomas-Felix, President We are noW into the second decade of a new century, a century which has begun with and continues to have many global economic, environmental and social challenges.

Globalisation, a driving force in economic development worldwide has brought with it increased competition from other markets.
Government, enterprises, employers in all economic sectors and workers must continue to devise means to adequately address this competition.

Globalisation affects businesses, households, governments and it certainly affects social partners.

Traditional labour relations must now evolve to deal with and be a part of this new and dynamic evolution.
4 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o With this amendment Trinidad and Tobago has met the established international standards of maternity protection.

• also we must not forget that the masters and servants ordinance, Chapter 22 no.

5 which became law on 8th december, 1938 and which has been regarded as very pro-employer and against the interests of workers was repealed in april 2012.
The repeal of this ordinance brings to an end a chapter of legislative repression against Workers and Trade unions of this country.

These changes, in my respectful view, will assist in providing stability to the somewhat turbulent industrial relations climate in this country.
While employers now pay an additional three dollars and fifty cents ($3.50) per hour to minimum wage workers and this may be difficult for some; the increase of the minimum wage provides a basis for improved workplace relations and productivity.

We look forward to further initiatives and policies from the learned minister.
The Public SecTor I want to pause for a moment to look at the Public service of this country and what appears to be a growing trend in the widespread use of fixed-term contracts of employment in the public sector.

I do urge the honourable minister of labour and small and micro enterprise development, who has been addressing a number of social justice issues, to give some thought to the issue of fixed- term contracts in the public sector.
many countries worldwide over the past few decades have been introducing reforms in the public sector.

In fact, in the united states, public service reforms were implemented in 1993, and reportedly encouraged federal agencies to be more effective in carrying out their tasks.

In the european union (eu), various reforms have been put in place to promote efficiency in this sector.
In africa, asia and latin america, public service reforms underpinned the structural adjustment programmes that began in the 1980s.

as a result of the reforms, public service labour relations have been modified in the countries concerned.

When I speak about the public sector today I refer to all the entities that are owned, funded and controlled by government, including regional public authorities.
Thus the employees to whom I refer can be found at all levels of government, including local government and state-owned enterprises.

In Trinidad and Tobago we loosely refer to these employees as “public servants”, these are employees in the service of the public who have traditionally enjoyed security of tenure and who have been guaranteed permanent employment and upward mobility, in the normal scheme of things, up to the statutory retirement age.
In recent decades we have been witnessing a surge of what is referred to, as “privatising the public service”.

This trend is characterised by what appears to be a proliferation of fixed-term contracts to persons who are not considered to be government employees and who do not enjoy job security.
In addition, while some countries have been seeking models to match their economic growth and development, what is emerging in Trinidad and Tobago is a number of contracts awarded to persons for very short periods, such as for three (3) months, six (6) months and twelve (12) months as opposed to longer-term contracts for between two (2) to five (5) years.

some of these contracts are poorly drafted and the person to whom the contract is awarded is sometimes at pains to understand the terms of engagement.
In some public sector departments these contracts are renewed at the end of each expiry date for an indefinite period; in other departments, the contracts come to an end with the effluxion of time.

There appears to be no standard policy regarding the terms of these employment contracts.

now, don’t get me wrong, there are advantages to employing persons on fixed-term contracts in the public sector.

The public sector, generally speaking, has been characterized by bureaucracy at all levels.
bureaucratic management procedures in the public sector have created a widespread perception of inefficiency in the performance of its functions.

so, when there is a specific task or job to be performed in the public sector, it may be more cost-effective and efficient to engage the services of an expert in a (continued) 5 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o the President’s Message particular area, to add value and achieve results in a specific, time-bound task or project.
however one must be mindful of the purpose of fixed-term contracts and what has in fact been happening in the public sector over the last two decades, or so.

To illustrate, permit me to draw on some of the experiences that have been brought to the attention of the Court.

1.

When a person on a fixed-term contract enters the public sector that person is usually trained either formally or informally to perform a specific task.
after that training the individual is expected to apply this knowledge to the benefit of the department and to the public that the department serves.

When the employment contract comes to an end six months or a year later, there is a void in the department; this department now has to get someone, in most cases on a new contract, and to embark on training to rebuild that lost capacity.
This is a continuous process that is disruptive, undermines the building of strong effective teams, and can adversely affect the productivity of the department.

Indeed, it may not be the best way to utilise resources within a department, particularly a public sector department.

2. an obvious disadvantage to the person who is on a contract in the public sector is that he or she is not considered to be a public servant.
generally speaking a person with such a contract is not considered to be a “worker” within the meaning of the Industrial Relations act of Trinidad and Tobago.

The person therefore does not enjoy the same benefits and security of the tenure which traditional public servants enjoy.

moreover, that person is also not entitled, on the expiration of his contract, to representation by the Recognised majority union which represents permanent public sector workers.
This denial of the legal right to representation and to collective bargaining to ordinary citizens is something which in my view should not be overlooked or be taken lightly.

as you know honourable minister, more and more persons are seeking access to the Industrial Court through several unions for adjudication on these salient issues.

good and equitable labour relations and social justice delivery within the public sector must, in my respectful view, become a major priority to all of us.
This is the precondition if public services, such as education, health and sanitation, are to effectively fulfill their fundamental mission in the service of this nation.

They are services that are critical to economic development, social inclusion and equity.

3. on a social level, a number of citizens, many of them young persons, who are on short fixed-term contracts, cannot obtain bank accounts and secure mortgages.
some of them, particularly those on three–month (3) and six-month (6) contracts cannot meet the criteria to rent an apartment due to the very short duration of their employment contracts.

The implications for social inclusion and quality of life are evident.

4.
4.

Then there are those persons whose contracts have been renewed continuously over time and they may now be considered “employed” with the public service for maybe ten (10) to fifteen (15) years and one day for reasons unknown, someone in key decision-making position will put an end to that long-standing employment relationship.

This person then has to seek the intervention of the Court system for a hearing and relief.
In my respectful view, the role of international labour standards in promoting sound labour relations in the public service can be of great use when we are address this issue of fixed-term employment contracts.

In particular, the freedom of association and Protection of the Right to organize Convention, 1948 (no.

87), and the Right to organize and Collective bargaining Convention, 1949 (no.98) which have been ratified by Trinidad and Tobago.
These are core international labour standards which ought to be adhered to across all sectors of the working community and their contribution in promoting good and equitable labour relations in the public sector worldwide cannot be overstated.
at this year’s International labour Conference in June, which Trinidad and Tobago attended, an International labour organisation (Ilo) report on labour relations and collective bargaining in the public 6 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o service was discussed.
In that Report, the Committee of experts on the application of Conventions and Recommendations noted among other things that: “The Committee notes that in some countries, it is very common for public servants to be employed on a temporary, recurrent fixed-term or part-time basis (and often to be allowed to hold other jobs in the private sector).
In other countries, a large proportion of public servants are hired under civil or administrative contracts for the provision of services, including those engaged in performing tasks inherent in public administration.

In other countries, the virtually absolute job security – “a job for life” – formerly enjoyed by public servants has been undermined or disappeared.
In some countries, most of the employees in many public institutions are freely appointed and removed.” The Committee further noted that the repeated use of short-term temporary contracts and their non- renewal “deny workers access to freedom of association and collective bargaining rights, particularly when they hide a real and permanent employment relationship …” and that moreover, “Some forms of precariousness can dissuade workers from trade union membership.” 1 What is emerging in Trinidad and Tobago is a systematic dismantling and weakening of the public service.
This is a trend whereby a number of citizens live with a great deal of uncertainty about the sustainability of their incomes, their livelihood and their very existence.

I think you will agree that the economic wealth and stability of this country are inextricably linked to our capacity to generate inclusive economic growth and a dynamic and stable Industrial Relations climate.
as a nation we should strive for social peace, social justice and a model of development that would ultimately propel us in the region and the world as a vibrant emerging economy with a solid social infrastructure.

The question then is: does the very silent yet growing use of fixed-term contracts in the public service achieve this?
should we merely follow what is being done in certain contexts or should we instead, in the second decade of a new century, be adopting systems which are suitable to our local needs and our national development goals?
In the aforementioned report on the Ilo general survey, the Committee called on member states concerned to examine, “within a tripartite framework, the impact of these forms of employment on the exercise of trade union rights”.2 In my respectful view, there seem to be compelling reasons to look at this issue, as well as other social and economic impacts of the use of these contracts, given their consequences for a significant number of citizens, for government as employer as well as for productivity and the quality of public services.
I leave these thoughts, respectfully, for your consi- deration.

ouTSTanDinG JuDGMenTS I know there are concerns by members of the public about the delay in the delivery of judgments at the Industrial Court.

I do understand and share the concerns of litigants who have not received a judgment in their disputes.

I did report last year that the delivery of judgment is a priority to me as President.
When I assumed office, timelines were given to member Judges to ensure that the backlog of judgments be cleared in the earliest timeframe.

statistics at the Court reveal that for the year 2009, 119 judgments were delivered, in 2010 , 146 judgments were delivered, in 2011, 160 judgments were delivered, and last year 2012, the highest number of judgments were delivered since 2009, a total of 203.
There is still a backlog of judgments however; the Court is assiduously working (continued) 1 Ilo: General Survey concerning labour relations and collective bargaining in the public service (Third item on the agenda: Information and reports on the application of Conventions and Recommendations Report of the Committee of experts on the application of Conventions and Recommendations (articles 19, 22 and 35 of the Constitution) Report III (Part 1b), 2013), paragraphs 559 and 560.
2 Ibid 7 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o the President’s Message to resolve this, without sacrificing on quality of output.

I daresay that at the end of this calendar year this issue should be resolved.

iniTiaTiveS of The courT, 2012-2013 The Meet with the Court Symposium The Court held this symposium at the hyatt Regency hotel on 4th may 2013.

The idea was to bring stakeholders of the Court together for informal discussions on a range of issues.
We were very pleased at the large number of persons in attendance.

The positive feedback and the requests for the hosting of another event of this kind, as soon as possible, have been overwhelming.

The Court is committed to hosting similar symposiums in the future and we are open to ideas for future topics.
I wish to thank the honourable minister of labour and small and micro enterprise development, the honourable minister of finance and the economy and the government of Trinidad and Tobago by extension, for making the much-needed funds available for the event.

Industrial Court Kiosk Information Project: 2013 The Industrial Court is the only Court in Trinidad and Tobago which has an Information kiosk.
The Information kiosk, which has been recently introduced, is a simple user interface which allows any member of the public to touch a screen to access certain information.

It is user friendly, self-explanatory and one does not require the skill and training in the use of a computer to use the kiosk.
The information which is currently provided by the kiosk will assist the public with obtaining simple information such as a directory of the floors of both branches of courts and the location of a particular office or department.

one can also view the current court list on the kiosk, receive information on the steps and procedure to initiate a matter at the Court, and access a sample of a collective agreement without having to go to the Internet.
This in our view, is a very simple and user friendly way for the Industrial Court to provide information to the public.

Training The initiative which began last year to train all members of staff in the area of ‘Professionalism at the Workplace’ ended in august 2013.

I can report that all members of staff have received training in the area.

In addition, members of staff and management continue to receive training in their specific areas of expertise.
one member of staff was sent to Washington, d.C. to be trained in the area of productivity as we move closer to realising the goal of providing stakeholders and the public with a Wage and Productivity statistical bulletin.

‘Judicial education Training’ continued in the year in review for all Judges and Registrars of the Court as we continue to strive towards improved capacity and efficiency in the determination of disputes.
member Judges, the Registrar and the assistant Registrar attended ‘Judicial education Training’ from July 30, 2013 to august 01, 2013.

This training was held at marriott Courtyard and facilitated by dr. leighton Jackson, deputy dean of the faculty of law, uWI mona Campus.

ms. anne knowles, senior specialist at the Ilo sub-Regional office also contributed to the training on the topic of ‘health and safety in the Workplace’.
on behalf of the members and management of the Court I wish to personally thank dr. Jackson and ms. knowles for their important contributions to this year’s training.

Training was also provided to individual Judges of the Court as we continue to build and strengthen capacity to enhance the quality and effectiveness of our services to the public.
In october 2012 Their honours mr. albert aberdeen and mr. dinesh Rambally attended a training seminar on employment Conflict and dispute Resolution in development which was conducted by the International law Institute in Washington dC.

usa.

In april 2013 his honour mr. albert aberdeen and his honour mr. gregory Rousseau attended a course on ‘logic and opinion Writing’ at the national Judicial College in Reno, nevada usa.
In July 2013, his honour mr. Ramchand lutchmedial vice President and his honour mr. Patrick Rabathaly also attended 8 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o a ‘decision making’ course at the national Judicial College in Reno, nevada, usa.
earlier this month, her honour mrs. heather seale, his honour dr. selwyn samaroo and her honour mrs. Judy Rajkumar-gulbance and Registrar of the Court mr. noel Inniss attended the ‘International labour organisation sub-Regional gender equality Workshop for Judges of the Caribbean’, in bridgetown, barbados.

acceSS To JuSTice in TobaGo The Court continued its access to justice initiative in Tobago which began last year.
The Industrial Court convened sittings in Tobago for four (4) days from 2nd september, 2013.

Their honours mr. herbert soverall, mr. albert aberdeen, and ms bindimattie mahabir were the presiding members of the Court and they heard, determined and delivered judgments in nine (9) Trade disputes.

I thank these Judges for their dedication and for foregoing their vacation leave to resolve these disputes in Tobago.
I wish to thank the learned Chief Justice of Trinidad and Tobago, mr Justice Ivor archie for his support and for allowing us the use of the facilities at the supreme Court in Tobago.

Thank you to mr. Teddy stapleton, mr. Codrington Winchester, ms. lois Pollidore, mr kiel Taklalsingh, ms nydia Joseph and mr lindhurst murray for their participation at these hearings.
DeParTureS froM The courT his honour mr. augustus Ramrekersingh departed from the Court when his contract of service expired on 22nd march 2013. mr. Ramrekersingh, an excellent Conciliator and Judge served the Court for a little more than ten years.

mr. harigobin Jhinkoo recently tendered his resignation as a member of the Court after serving for two years and five months.
on behalf of the members and the staff of the Court I extend best wishes to mr. Ramrekersingh and mr. Jhinkoo in their future endeavors.

TribuTeS I take this opportunity to remember my predecessor, his honour mr. Cecil bernard, who passed away on august 20, 2013. his invaluable contribution to the Court has helped to lay foundations upon which I continue to build.
mr. bernard’s contribution to the development of the jurisprudence of a Court which is critical to the social and economic development trajectory of Trinidad and Tobago will not be forgotten.

We mourn the very sudden and recent passing and pay tribute to the memory of her honour mrs. yvette simon who served as a member of the Industrial Court from January, 2006 to april 5th, 2011. our thoughts and prayers are with her family.
final ThouGhTS among the messages that I have conveyed in this address, there is one that I would like to emphasise for deeper reflection and possible follow up by all concerned – and that is the need to revisit the persistent and widespread use of short-term and fixed-term contracts of employment in the public sector.
given the importance of the government as employer and the role of the public sector in national development, we should strive for employment and human resources policies and practices that would foster an efficient and productive public sector that delivers high-quality services and supports good stewardship.
for our part, we at the Industrial Court remain committed to the ideals of the framers of the Industrial Relations act which are to make “better provision for the stabilisation, improvement and promotion of industrial relations” in this country.

We are also committed to the promotion and protection of fundamental principles and rights at work.
I thank the judges, management and staff of the Court for their continued hard work and I also thank all practitioners and stakeholders for their continued support of the Court.

Thank you for your attention.

may god bless you all.
9 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o ST R I A U D N I E H T L C O U R T OF TRIN I D A D & T O B A G O Judges and registrars FIAT JU S T I T I A Her Honour Mrs. Deborah Thomas-Felix President His Honour Mr. Ramchand Lutchmedial Vice President His Honour Mr. Vernon Ashby Chairman, Essential Services Division His Honour Mr. Albert Aberdeen Member, General Services Division His Honour Mr. Patrick Rabathaly Member, General Services Division Her Honour Ms. Bindimattie Mahabir Member, General Services Division Her Honour Mrs. Sandra Ramparas Member, General Services Division Her Honour Mrs. Judy Rajkumar-Gualbance Member, Essential Services Division His Honour Mr. Herbert Soverall Member, General Services Division Her Honour Mrs. Victoria Harrigin Member, Essential Services Division 10 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o Judges and registrars ST R I A U D N I E H T L C O U R T OF TRIN I D FIAT JU S T I T I A His Honour Mr. Albert Aberdeen Member, General Services Division His Honour Mr. Gregory Rosseau Member, General Services Division Her Honour Mrs. Heather Seale Member, General Services Division His Honour Mr. Lawrence Achong Member, Essential Services Division His Honour Mr. Kyril Jack Member, General Services Division His Honour Mr. Denish Rambally Member, Essential General Services Division His Honour Mr. Brian Dabideen Member, General Services Division His Honour Mr. Nizam Khan Member, General Services Division His Honour Mr. Robert Linton Member, General
 Services Division His Honour Dr. Selwyn Samaroo Member, General Services Division Mr. Noel Inniss Registrar Mrs. Kathy-Ann Alexander-Fraser Assistant Registrar A D & T O B A G O 11 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o organisational Chart VICE PRESIDENT MEMBERS, GSD PRESIDENT REGISTRAR ASSISTANT REGISTRAR SECRETARIES ACCOUNTS REPORTERS RESEARCH INFORMATION TECHNOLOGY LIBRARY OFFICE MANAGEMENT Executive Secretary Accountant II 3 Verbatim Reports II Director of Research System Analyst Librarian III 1 Clerk III 2 Research Officer II 1 Research Officer I 1 Statistical Officer II 2 Statistical Officer I 1 Clerk/Steno II 1 Clerk Typist I Network Specialist 2 Librarian I 1 Librarian Ast.
II 2 Librarian Ast.

I 1 Clerk Typist I 1 Clerk I 2 Estate Constable 2 Office Assistant 1 Messenger II 3 Messenger I 1 Chauffer/Messenger 2 Maid I 2 Telephone Operator 2 Clk/Steno.

IV Accountant I 22 Verbatim Reports I 4 Clk/Steno.
IV 2 Accounting Assistant 3 Clerk II 1 Clerk I 1 Clerk Typist I Senior CAT Reporter (Contract) 2 CAT Reporters II (Contract) 2 CAT Reporters I (Contract) 12 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o organisational Chart CHAIRMAN, ESSENTIAL SERVICES DIVISION MEMBERS, ESD AUDIT HUMAN RESOURCE REGISTRY NORTH REGISTRY SOUTH COMMUNICATIONS SECURITY RECORDS Auditor I 1 Senior Human Resource Officer Clerk IV Clerk IV Communication Officer (Contract) Manager (Contract) Manager (Contract) 2 Auditor Assistant 1 Human Resource Officer III 1 Clerk III 1 Clerk Typist I 5 Clerk III 5 Clerk II 2 Clerk I 2 Bailiffs 2 Clerk/Typist I 5 Orderlies 5 Clerk III 2 Clerk II 2 Clerk I 2 Bailiff 2 Clerk/Typist I 5 Orderlies 13 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o economic & Industrial research The office of economic and Industrial Research is established by the Industrial Relations act Chapter 88:01 section 82.
The functions of the office are: appendices a-Q show details of the research conducted by the Court for the reporting period october 2012 – september 2013 and include tables and charts depicting: • • • to collect and compile in accordance with the directions of the Court, information which may be of assistance to the Court in the exercise of its powers and functions under this act; to keep information as collected and compiled up to date, and to carry out research in respect of such matters as the Court may direct.
under the act, information collected and complied as well as the results of research carried out, must be furnished to any person, trade union or other organisation desiring to obtain that information or those results.

as a result, this office is very important in the the Court’s development and propagation of jurisprudence.
The office in keeping with the above mandate given by the act, continued to collect and compile information extracted from registered Collective agreements for the period 2012-2013 and produced the following documents: (i) analysis of Pay (ii) analysis of Cost-of- living allowance (iii) a summary of the Terms and Conditions of service of all unionized companies.
The following significant economic indicators have also been analysed: • number of matters filed • number of matters filed and settled • Total matters filed and disposed • Total matters disposed • disposals • Judgments delivered additionally, notes on pay determination for the following companies were also produced: • Caribbean Industrial Research Institute • national maintenance Training and security Company limited • Trinidad Cement limited (3 notes) The office continues to play a significant role in the dissemination of information for the Court to Companies, workers and the trade union movement particularly in relation to the trends of percentage movements of pay, and other terms and conditions of services.
The office continues to give advice on current industrial relations issues.

finally, the office has commented on all Collective agreements coming before the Court for registration.

It was brought to the honourable President’s attention that the majority of these said agreements either violated the maternity Protection act no.

4 of 1998 or they failed to recognised the existence of act no.
7 of 2012 which amended the maternity Protection act by increasing the maternity leave from 13 weeks to 14 weeks, of the 74 Collective agreements that came to the office for comments only 7 were registered.

(i) The Index of Retail Prices (ii) (iii) Industrial action which was comprised of : Retrenchment notices challenGeS (a) mandays lost (b) strikes (c) lock-out action 14 In spite of the above the office continues to face significant challenges.
among these challenges are: I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o economic & Industrial research (i) lack of support in the development of a data base.

not only is data manually retrieved but that significant linkages with other government ministries such as the ministry of labour small and micro enterprise and departments such as the Central bank and Central statistical office (Cso) cannot be established.
(ii) The inability the service to convince Commission department that the incumbents required to fill the professional positions ought to be trained in economics, industrial relations and or law.

We renew the call for professionals with appropriate training to be assigned to the office.

(iii) The office requires a statistician, economists and legal Research officers to ensure continued relevance to the Court in the relations development of jurisprudence.
employment (iv) The office would be enhanced if an additional system is developed to allow the unlimited internet access to legal and industrial relations sites.

It is recommended that the office be restructured in keeping with the requirements of the contemporary industrial relations system and the Court.
15 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o Improving efficiency through e-Court transformation L C O U R T OF TRIN I D A D & T O B A G O ST R I A U D N I E H T FIAT JU S T I T I A Intercative Kiosk itself The Industrial Court has been committed to transforming into an e-Court providing technological support for the determination of matters and efficient court management.
It aims to attain high level international standards of court technology through research and innovative thinking.

over the last few years several initiatives have been implemented and this thrust has been supported by the Information Technology (IT) department.

The mission of the Information Technology (IT) department is to further develop the Information and Communications Technology (ICT) in the Industrial Court and to be on par with or even surpass similar organisations.
It serves both the northern and southern courts and comprises of a systems analyst and a network specialist.

The responsibilities include: • Creating systems to easily manage and share documents.

The systems the Court currently utilizes are: – The Judicial electronic management system (Jems) which allows members of the Registry to create timetables and manage cases within the Court.
– for The Record (fTR) which aids court reporters with recording notes; and – Total eclipse which assists with reporting in the Court.

Consistent with the Court’s strategic objective of achieving e-court transformation, the IT department undertook the following initiatives over the period 2012-2013: 1.

Implementation of a Document Management • maintaining the hardware system for the System Court.

• Installing operating systems which are upgraded and monitored regularly.
The aim of this initiative is to improve the ease of tracking documents and will complement the manual process of storing and retrieving these 16 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o Improving efficiency through e-Court transformation • The san fernando branch of the Court needs to be on par with the Port of spain branch of the Court.

• space remains a problem and the department is in dire need of a storage room to house both old and new equipment.

• Inadequate staffing.


There are two (2) personnel in the IT department.

both persons are required to perform similar tasks due to the fact that the department is understaffed.

The work in the department requires the skill of at least five (5) persons.

documents.

The first phase of implementation have been completed where the program has been installed and members of staff who will be directly linked to the system, received training on the use of the program.
The next stage of implementation involves hiring a dedicated officer whose core responsibility is operation of the system.

The officer will receive the necessary training to manage the system effectively.

2.

Installation of an Interactive Kiosk This Interactive kiosk is a computer terminal featuring specialized hardware and software designed as a public exhibit that provides access to information related to the Industrial Court of Trinidad and Tobago.
Customers of the Court can gain access to basic information such as the location of our northern and southern courts and the divisions, as well as complex materials such as procedures to initiate a matter.

The implementation of this interactive kiosk in the Court is the first of its kind in Trinidad and Tobago.

3.

Wireless Implementation This project offers users of the Court easy online access.

It is still in the initial stage.


There are a few changes with the Court’s network infrastructure that needs to be addressed before this project can officially commence.

however, these issues will be addressed soon.

We expect this project to be completed before the end of the new term.

Challenges There are a number of challenges facing the department.

• There is need for a budgetary allocation for the computerisation of the Court.
ICT needs to play a more critical role in the delivery of justice and in the operations of the Court.

17 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o delivering Quality service ST R I A U D N I E H T L C O U R T OF TRIN I D A D & T O B A G O FIAT JU S T I T I A one of the strategic goals of the Court is to deliver excellent customer service to users of the Court.
The Court’s library is a critical component in realizing this goal and has been engaged in several activities to improve both the accessibility of information for clients and the service experience.
The main objectives of the Court’s library are to: 1. support and complement the initiatives of the Court as a superior Court of Record; 2. assist the Industrial Court to fulfill its mission and vision through the provision of quality library services to all stakeholders and users; 3. provide judges with resources and services to meet their legal information needs; 4. serve as a major source of legal information for attorneys, law students, litigants, trade unionists and the general public; 5. develop and maintain a modern and efficient in Industrial information service library Relations; 6. be the premier repository of Industrial Court judgments.
18 DiSPlayS The library hosted several displays in 2013 to increase public awareness of the library’s services.

These included displays in commemoration of major international events, notably: 1.

World day of social Justice held on february 20.

2. International Women’s day on march 08.

3.

World health and safety day on april 28, and 4. International labour day recognised on may 1.

The library also displayed new acquisitions of industrial relations literature.
additionally, february 15, 2013 marked eight (8) years since the south branch of the Industrial Court was established.

The library celebrated this anniversary by featuring a display on the history of the Court.

The Industrial Court held its first ever “Meet with the Court” symposium in may 2013.
This symposium included a display which showcased the bound I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o copies of compiled labour laws, Trinidad & Tobago Industrial Court Reports volume 1 (1965-1975) together with Research department’s an analysis of salaries and Wages 2011. at the display booth, subscription forms to access the Court’s Judgments online were available for participants.
Indeed, this symposium created an excellent opportunity to educate participants on the services offered by the Court’s library.

e-JuDGMenTS Website To improve the ease of access to information on new judgments, the library updated the website with descriptors of new Industrial Court Judgments.

The response to this new service has been very positive especially among students.

Digitization The digitization of judgments continues to be an ongoing process.
since the implementation of this initiative, e-judgments have become a critical and highly requested service for users of the Court.

The demand for current and older e-judgments by internal and external users grew substantially over the 2012-2013 financial year.
Particularly, demand grew by one hundred percent (100%) for the Central bank of Trinidad and Tobago (2001-2009 judgments requested), Cipriani labour College and Trinidad and Tobago electricity Company (T&TeC), and by fifty percent (50%) for the ministry of labour and small and micro enterprise development.

over the period, the library completed the digitization of the 2005 judgments and it is now accessible on the mInIsIs database of e-judgments.
renovaTionS anD SPace The library in the north branch of the Court has been advocating for increased space to accommodate a larger photocopying machine, a larger computer/ internet room, file cabinets for judgments and information, online Public access computers, a binder office and additional customer seating.

Plans for the expansion of the library during the 2012-2013 financial year have been postponed due to logistical challenges.

however, the project is expected to commence in the next financial year.
STaffinG The north library finally received its full complement of staff, after 3 years when the new library assistant arrived on the 25th february, 2013. since then, the library has been able to provide the requisite services to its stakeholders.

STock TakinG In January 2013, the south library closed briefly to remove the older stock (i.e.books, acts, legal notices, extra judgments and journals) to ensure more room for new titles and editions to be shelved.
These items were placed in the vault to be transported to the off- site storage facility in Chaguanas.

The shelves were relabeled during this exercise.

The south library continued to house Collective agreements from the Research department and is now the depository for 2008 – 2012 agreements.

additionally, in January and march of 2013, the north library also removed old titles from the librarian III’s office back shelves and those of the previous President.
SubScriPTionS The library’s subscription service is based on access to a database management system known as mInIsIs which contains the Industrial Court’s judgments.

This subscription service offered by the Court was introduced for the first time in 2011.

The service was born out of a high demand for easier online access to information on judgments of the Court.
(continued) 19 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o delivering Quality service judgments and photocopies outnumbered all other queries.

(see appendices s and T).

The library continued to be the Court’s highest revenue earner in the period under review, with an estimated $94,800.00 collected which included photocopied judgments and judgments subscriptions.
although not apparent from the library’s statistics, there were three hundred (300) hits to the library’s website in the form of inquiries via the feedback button.

The majority of these were legal questions which were forwarded to the Registrar for a response and feedback provided on all legal queries.

The library responded directly to other questions about judgments and the website as a whole.
unlike previous queries, the majority were non-corporate customers and students, followed closely by institutions.

Clearly, the increased visibility of the library has fulfilled one of the library’s strategic objectives to serve as a major source of legal information for attorneys, law students, litigants, trade unionists and the general public.

since its inception, there has been a marked increase in the number of subscribers for the service.
over the financial year 2012 – 2013, there were seven subscribers – six (6) organisations and one (1) individual.

earnings from the service increased from $500.00 to $25,500.00, despite organisations’ initial intimidation with the cost of subscriptions.

To enhance the service to our clients, it is recommended that a library account be set up to facilitate document delivery.

This involves emailing judgments to subscribers once they have an account with the library.
STaTiSTicS over the period a variety of queries were received, ranging from absenteeism and contract workers to injunctions and reinstatement of matters.

The library’s statistics revealed that there were five hundred and thirty-one (531) internal users.

The request for judgments and photocopies, 1108 and 1305 respectively, continued to greatly outnumber all other requests combined including journals and legislation.
moreover, the increased demand for judgments indicated that the Court Reporters, Judges, and Registry departments depended heavily on the library during Court sessions.

(see appendices R and s).

There were six hundred and seventy-five (675) external users for the period under review.
users accessed two thousand seven hundred and seventy- two(2772) judgments and demanded and received five thousand six hundred and twenty-three (5,623) photocopies for the last quarter – a clear indicator that arbitration matters have increased compared to last year.

(see appendices R–u).

The south library, although smaller in size, continued to hold its own as more people became aware of its existence due to increased visibility.
The demand for 20 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o strengthening organisational Capacity ST R I A U D N I E H T L C O U R T OF TRIN I D A D & T O B A G O FIAT JU S T I T I A Professionalism in the Workplace Workshop The Court, in an effort to strengthen its strategic human resource capacity, competencies and systems to support effective administration, has been making efforts to: • increase administrative and support staff • enhance leadership capacity, and • improve systems for training, development, motivation and discipline of staff.
It is envisioned that through this strategic focus, the Court will maximize the output of its human resources and create an environment in which individual and organisational goals and objectives can be achieved.

With this in mind, the human Resource department undertook a range of activities for the period october, 2012 to september, 2013.

STaffinG The Court has a staff complement of one hundred and thirty-two (132) employees.
of the one hundred and thirty-two (132) employees, one hundred and nineteen (119) are permanent positions on the public service establishment and thirteen (13) are contracted positions.

of the one hundred and nineteen (119) permanent positions, one hundred and seventeen (117) are employed by the service Commission department, while two (2) are employed by the Judicial and legal service Commission.
To date, sixty-seven (67) positions are filled, thirty-nine (39) positions are vacant with acting incumbents and thirteen (13) positions are vacant without incumbents.

These vacant positions without incumbents are: • an executive secretary, • seven (7) verbatim Reporters, and • five (5) Cleaners.

of the thirteen (13) contracted positions, four (4) of them are short-term contract positions (i.e.

less than one year) and two (2) are vacant.


during the reporting period, two (2) Cat Reporters I and a Corporate Communication officer were employed on contract, whilst the contracts for the security manager and Records manager came to a close.
additionally, the Court is still experiencing difficulty in acquiring replacements for the positions (continued) 21 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o of executive secretary, verbatim Reporter I and Clerk stenographer I/II from the service Commission department.

To ensure efficiency and effectiveness in the delivery of services to its clients, the Court is pursuing the creation of an additional twenty-four (24) permanent its establishment.
These positions positions on include: • a statistician • Two (2) administrative officers Iv • an administrative officer II • an Information Technology (I.T.)

manager • an I.T.
manager • an I.T.

Technician • a system analyst II • a director, human Resources • human Resource officer III, II and I • Records manager II and I • an auditor II • bailiff II and I • Chauffeur/messenger • Two (2) Clerk III • Two (2) Clerk II, and • Three (3) Clerk I PerforMance ManaGeMenT The human Resources department is guided by the office of the Chief Personnel officer in its supervisors implementation of the performance management system for the Court.
The department has been working with to ensure effective implementation with the view that such collaboration produces high levels of productivity among staff.

one of the main challenges faced over the years has been the timely submission of quarterly performance reviews which should be conducted by supervisors.

nonetheless, for this period, there has been an improvement in the percentage of supervisors submitting their reviews in a timely manner.
eighty percent (80%) of the performance appraisals were completed on time.

TraininG anD DeveloPMenT knowledge and skills enhancement is necessary to prepare employees of the Court for future responsibilities.

The goals are to remove deficiencies, help employees cope with change, build internal capacity increase in various subject areas and employee motivation and job satisfaction.
The key activities include: 1. conducting a training-needs assessment 2. creating and implementing a training plan 3. evaluating training and development the initiatives/activities, and 4. assessing the return on investment.

a total of $690,000.00 was allocated by the ministry of finance for training and development of judges and staff of the Court for the financial year 2012 to 2013.
In total, seventy-five (75) members of staff and twenty-two (22) judges were trained in subject areas that will enhance their work performance.

appendix v attached shows a detailed list of the training and development activities undertaken over the financial year.
The broad areas of focus were: • leadership enhancement • Personal development • human Resource management • Technical Professional development, and • administration Judicial Education Training 22 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o after the training, an evaluation is conducted with supervisors and employees to determine the impact and reaction of staff to the training activities.
evaluations revealed that in most instances, training and development brings about the desired behaviour change and improvement in performance among staff.

as a result, it has been noted that there is a clear link between the training courses conducted and the achievement of the strategic objectives of the Court.

2nd Annual Judicial Education Programme eMPloyee aSSiSTance ProGraMMe (e.a.P.)

The employee assistance Programme (e.a.P.)


is designed to help employees of the Court cope with issues, whether work or home related, that affect their productivity in the workplace.

The office of the Chief Personnel officer has yet to appoint an officer to handle e.a.P.

matters in the Court.

Currently, if a matter arises, the Registrar along with the senior human Resource officer addresses the problem.

as a result, there are limited services the Court is able to offer its employees.
The main service offered is referrals.

To fill the gap, the Court outsources e.a.P.

services.

during the reporting period two (2) matters were referred under the programme.

eMPloyee anD inDuSTrial relaTionS It is important that the Court, as an organisation that adjudicates based on and advocates best practices in industrial relations, effectively manages both the formal and informal relationships between the Court and its employees.
The Court continues to be committed to building stable and cooperative relationships with the employees and developing a common interest in achieving the organisation’s goals.

unfortunately, there is presently no active Joint the Court where Consultative Committee at management and union meet to resolve matters.

This is due to the fact that the union has very few financial members from the Court in the Public services association.
Consequently, although management has a committee, the union does not have a committee.

all related staff issues are currently addressed by the Registrar and senior human Resource officer.

DeleGaTeD & DevolveD funcTionS The department performed functions delegated to it by the Public service Commission in accordance with section 127 of the Constitution and the functions devolved from the Chief Personnel officer (CPo).
The functions performed under delegated authority include: • Continued temporary appointments – 18 officers; • acting appointments up to Range 68 – 30; • Confirmation of appointments – 8; • Change of name – 5; • early & voluntary retirement – 2; • Compulsory retirement – 5; • The exercise of disciplinary control in respect of minor infractions as set out in the Code of Conduct for the public service.
The devolved functions from CPo which the Court performed during the period are: • accumulation of leave – 2; • extension of sick leave – 3; • Travelling allowance – 7; • special leave – 1; • Contract employment – 3; • secondment – 1; • leave of absence without pay – 3 23 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o engaging our stakeholders “Meet With The Court” Symposium ST R I A U D N I E H T L C O U R T OF TRIN I D A D & T O B A G O FIAT JU S T I T I A (L-R) Dr. Leighton Jackson, Deputy Dean of Law, UWI, Mona; H.H.
Mrs. Deborah Thomas-Felix, President; Mr. Carl Francis, Permanent Secretary, Ministry of Labour and Small and Micro Enterprise Development and Mr. Rainer Pritzer, Senior Specialist in Social Dialogue and Labour Administration, ILO In may 2013, the Industrial Court hosted a symposium titled “MEET WITH THE COURT – Rights and Governance” at the hyatt Regency Trinidad in Port of spain.
The main objectives of the symposium were to meet with stakeholders, to understand their needs and to share the challenges facing both the stakeholders and the Court.

The symposium brought together approximately two hundred (200) stakeholders comprising employers, trade unions, representatives from government agencies as well as judges, lawyers and industrial relations practitioners.
among the distinguished guests were the Chief Justice of Trinidad and Tobago, the honourable mr. Justice Ivor archie and senator the honourable marlene Coudray, minister of local government.

Topics such as Rights and governance, Progressive discipline in the Workplace and Jurisdiction matters were discussed.

The symposium also created 24 an opportunity to apprise participants on the International labour standards and drew attention to the amendments in the maternity Protection act no.
4 of 1998. stakeholders were exposed to insight from experts on various aspects of industrial relations.

among the experts were dr. leighton Jackson, deputy dean of law at the university of the West Indies, mona Campus; mr. Pierre-francois Recoing, specialist for International labour standards and labour law at the International labour organization and dr. Jefferson Cumberbatch, lecturer at the university of the West Indies, Cave hill Campus.
forum provided stakeholders with the This opportunity not only to be informed but also to share their experiences and have their concerns and queries addressed.

Coming out of this symposium, many participants expressed their high level of satisfaction with the quality of information they received and commended members of the Court on this initiative.
I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o It is the intention of the Court to continue the engagement with our stakeholders and therefore, the Court will host several “MEET WITH THE COURT” symposiums in the future.

These symposiums aim to ensure the principles and practices of good industrial relations are maintained so that industrial peace is preserved and economic and social development is realized in Trinidad and Tobago.

(1) H.H.
(1) H.H.

Mr. Augustus Ramrekersingh (2) The Chief Justice of Trinidad & Tobago, the Hon.
Mr. Justice Ivor Archie (3) l-r; Dr. Leighton Jackson and Mr. Vincent Cabrera during a panel discussion (4) Dr. Jefferson Cumberbatch (5) Mr. Pierre-Francois Recoing, ILO 6 (6) Members of the Court (7) Mr. Watson Duke (8) Mr. Nirvan Maharaj and Mr. John Jaglal (9) Mr. Lyndon Cowan, Mr. Gary Andrews and Ms. Louise St. Rose 7 8 9 8 (continued) I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o 10 11 12 13 (10) Mr. Harry Sooknanan and Mr. Lloyd Elcock (11) Court Staff (12) The Hon.
Mr. Justice Vasheist Kokaram and Ms. Sherene Aziz (13) The Hon.

Mr. Justice Ivor Archie and H.H.
Mrs. Deborah Thomas-Felix 14 (14) Mr. Gary Andrews, Mr. Teddy Stapleton, Mr. Bertrand Wilson, Mr. Michael Hunte and Mr. Curtis Robertson (15) Participants (16) Mr. Trevor Bailey and Mr. Krishna Teeluck (17) Ms. Ermine De Bique and Mr. Ainsley Matthews (18) Mr. Robert Guiseppe 15 16 17 18 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o Financial review The accounts department offers effective and efficient financial accounting services to the Industrial Court, and ensures that the financial functions are conducted in compliance with the exchequer and audit act chapter 69.01 and the financial Regulations and Instructions 1965, together with other relevant circulars issued from time to time.
These services are also extended to the following entities: a. environmental Commissions b.

Public service appeal board c. Tax appeal board d. equal opportunity Tribunal It is to be noted that the Industrial Court was responsible for providing accounting services to the equal opportunity Tribunal with effect from october, 2012. however, additional staff was not provided, thus creating a severe challenge for the existing staff.
a recommendation for increased staff was submitted to the Public management Consulting division since January 2013. revenue The Revenue collected by the Industrial Court for the period october 2012 to september 2013 is detailed as follows: I. sale of Publications -: $ 106,384.05 -: $ 22,000.00 II.

fines recurrenT exPenDiTure The table below shows the recurrent expenditure for the financial year 2012-2013. as can be seen from the table, the Court utilized 81% of the total recurrent expenditure allocation.
In accordance with section 24 (1) (b) of the exchequer and audit act, Chapter 69:01, accounting officers were required to submit appropriation accounts for the financial year ended 30th september 2012 by 31st January 2013.

The appropriation account of expenditure and statement of Receipts and disbursement for the Industrial Court were prepared and submitted to the auditor general and Comptroller of accounts on January 22, 2013.
ReCuRRent expendituRe for the financial year 2012-2013 sub-head item allocation actual expenditure Personnel expenditure $ 21,683,000.00 $ 20,277,962.00 goods & services $ 21,060,830.00 $ 14,832,778.00 minor equipment $ 988,900.00 $ 517,940.00 *total Recurrent expenditure $43,732,730.00 $35,628,680.00 *figures as at september 20, 2013 (continued) 27 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o Financial review In the auditor general’s Report, the Court was mentioned in two instances: I.
The Terms and Conditions approved by the Chief Personnel officer and signed contract agreements were not seen with respect to officers on Contract.

II.

The Inventory Register was not produced for audit.

DeveloPMenT ProGraMMe The 2012/2013 development Programme for the Industrial Court covered three main project group areas: 1.

Computerisation 2.
Computerisation 2.

Improvement Works and furnishings of the Industrial Court will provide information about the administration of the Court for persons physically visiting the Court.

2.

Improvement Works as an Industrial Court, it is important that the Court provides a safe and secure environment, with the physical infrastructure that supports and meets the needs of staff, stakeholders and other users of the Court.
The improvement works embarked upon over the 2012-2013 financial year marks another step towards achieving this goal.

The table below shows the expenditure allocation versus the actual expenditure for improvement work projects at the Court.

Original allocation $ 380,000.00 3. accommodation for the Tobago office of the total expenditure as at 15.08.13 $ 251,261.00 Industrial Court 1.
Computerization This project is consistent with the Court’s goal of transforming itself into an e-Court providing technological support for the determination of matters and efficient court management.

The expenditure allocation for the computerisation project versus the actual expenditure is shown below.

Original Allocation $ 650,00.00 Total Expenditure as at 16.08.13 $ 398,048.00 The expenditure consisted of: i.

$350,849 in respect of the electronic document management system.
This system is expected to reduce the use of paper in the Court and improving the timelines in respect of sending and receiving information internally.

ii.

$47,199.00 and a commitment of $70,015.00 in respect of the electronic kiosk.

The kiosk will be stationed in both north and south buildings and Commitment $ 106,589.00 The expenditure consisted of: i.

$185,318.00 in respect of monitoring and supervising office.
This was a project undertaken last year but finished in the early part of this financial year.

This is to enable proper monitoring of the CCTv’s in the Court.

ii.

$6,850.00 plus a commitment of $106,589.00 in respect of the CCTv.

This is the second and final phase of installing cameras to capture areas not previously covered which left the Court building still vulnerable.

iii.

$59,093.00 in respect of the reconfiguration of the Registry.
This has allowed staff to feel a sense of comfort and gave the staff privacy from the public glare to carry out their work.

3.

Tobago Court discussions continued with officials of the Tobago house of assembly (Tha) in respect of establishing an Industrial Court in Tobago.
28 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o the Industrial Court Family TribuTe To hiS honour Mr. cecil oSWalD bernarD fareWell his honour mr. augustus Ramrekersingh served as a member of the Court from 11 october 2002 to 22nd march 2013.
May 1938 - auGuST 2013 Immediate Past President of the Industrial Court, his honour mr. Cecil bernard passed away on august 20, 2013. his honour mr. Cecil bernard was first appointed as a member of the Industrial Court on the 12th of december, 1994 and he was appointed as Chairman of the essential services division in april of 2000. he served six (6) years as Chairman and he was then appointed as President of the Industrial Court in december 2005, becoming the Court’s fifth (5th) President.
The Industrial Court family extends condolences to his family and friends.

his honour mr. harigobin Jhinkoo served as a member of the Court from 13 april 2011 to 15 september, 2013.
29 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o staff of the Court 1) ASSiStAnt REGiStRAR AnD REGiStRAR 2) PRESiDEnt’S ChAffEuR AnD RECoRDS MAnAGER with StAff of REGiStRy 3) EConoMiC AnD inDuStRiAl RESEARCh 4) SECREtARiAt 5) CoMMuniCAtionS 6) huMAn RESouRCE 7) ASSiStAnt REGiStRAR with SECREtARiAl StAff 4 1 2 3 30 5 6 7 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o staff of the Court StAff of thE South CouRt infoRMAtion tEChnoloGy 8) noRth libRARy 9) 10) 11) ACCountS 12) AuDit 13) REPoRtERS 14) offiCE MAnAGEMEnt 8 9 10 13 11 12 11 14 31 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o sports & Family day 2013 4 32 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o our Christmas Party 33 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendices a. number of matters filed and settled – north (January 2012 – July 2013) ................................. 35 b. number of matters filed – north (January 2012 – July 2013) ..................................................... 36 C. number of matters filed and settled – south (January 2012 – July 2013) ................................. 37 d. number of matters filed – south (January 2012 – July 2013) ..................................................... 38 e. number of matters filed and settled – north & south (January 2006 – July 2013) ................. 39 f. Total matters filed and disposed – north & south (2006 – July 2013) ..................................... 40 g. Total matters disposed
 by Category – north & south (July 2013) ............................................. 41 h. number of matters filed ( January 2009 – september 2013 ) ...................................................... 41 I. north & south matters filed (2009 – July 2013) ........................................................................... 42 J.
Total number of matters filed – north (2009 – July 2013) ........................................................ 42 k. Total number of matters filed – south (2009 – July 2013) ......................................................... 43 l. disposals – north & south (2006 – July 2013) ............................................................................ 43 m. disposals – north (2006 – July 2013) .............................................................................................. 44 n. disposals – south (2006 – July 2013) .............................................................................................. 44 o.
Judgment delivered – north (January 2009 – september 2013) ................................................. 45 P. Judgment delivered – south (January 2009 – september 2013) .................................................. 46 Q.
Judgment delivered – north & south (January 2009 – september 2013) ................................. 46 R. Internal users – north ....................................................................................................................... 47 s. Internal & external users – south ................................................................................................... 48 T. Internal users – south ....................................................................................................................... 48 u. external users – north ...................................................................................................................... 50 v. Training and development Programmes ......................................................................................... 51 34 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendix a NUMBER OF MATTERS FILED AND SETTLED (E.S.D.
& G.S.D.)
– NORTH for the period January, 2012 - July, 2013 M A T T E R S S E T T L E D yEAR Month totAl filED JuDGMEntS DEliVERED MAttERS DiSPoSED bilAtERAlly ConCiliAtion MAttERS MAttERS DiSPoSED in withDRAwn DiSMiSSED / MAttERS w.o.P 2 - 2 1 3 1 - - - 1 5 2 5 13 10 20 7 23 15 14 9 15 31 14 totAl MAttERS DiSPoSED 25 40 42 35 43 44 51 42 22 44 71 42 176 17 501 25 24 9 9 15 4 2 - 2 2 2 1 1 - 71 43 52 47 47 9 8 6 17 21 6 14 10 21 24 8 17 26 20 190 13 4 19 9 5 - 1 11 8 9 3 15 6 12 4 3 11 7 6 95 11 4 3 11 18 - - 1 2 - 5 4 4 3 - 2 - 2 - 23 22 9 19 16 8 4 5 2012 2013 JANUARY FEBURARY MARCH APRIL MAY JUNE JULY AUGUST 76 68 71 73 56 33 55 57 SEPTEMBER 148 79 59 58 833 75 54 107 50 55 95 104 OCTOBER NOVEMBER DECEMBER ToTal JANUARY FEBURARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER ToTal 540 51 47 83 88 8 277 35 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendix B NUMBER OF MATTERS FILED – NORTH for the period January, 2012 - July, 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 2 1 3 1 3 1 - - 5 3 3 7 2 - 1 - 2 2 1 1 7 6 1 5 - - - - - - - - - - - - 3 3 8 0 0 0 4 2 4 4 0 5 7 4 5 7 0 1 0 5 5 5 5 9 4 0 1 - - - - - - - - - - - - - - - - - - - - - 5 4 1 - 2 2 3 4 3 2 8 5 0 1 5 - - - - - - - - 1 1 - - - - - - - - - 2 - - - 1 - 1 1 - - - - - - - - - - - - 0 - - - - - - - 6 - - - - - - - - - - - 6 - - 1 1 - - 1 - - - 2 - - - 1 - - - - 3 - - - - - - - - - - - - - - - - - - - 2 1 1
 1 - - - 2 3 1 2 - - - - - - - - - - - - - - - - - - - - - - - - - 0 3 1 0 0 - - - - - - - 2 7 3 - - 1 1 - - - - - - - - - - - - - - - - - - - - - - - - - - 0 - - - - - - - - 2 - 1 - - - 3 - 1 - - 7 3 2 2 1 - - 2 - 5 2 - 2 3 3 1 5 8 5 1 3 7 4 2 1 3 - 2 3 - - - - 2 - - - - - 2 - 4 1 - - - - - C
36 & t o B a G o appendix C NUMBER OF MATTERS FILED AND SETTLED (E.S.D.
& G.S.D.)
– SOUTH for the period January, 2012 - July, 2013 M A T T E R S S E T T L E D yEAR Month totAl filED JuDGMEntS DEliVERED MAttERS MAttERS DiSPoSED bilAtERAlly ConCiliAtion MAttERS DiSPoSED in withDRAwn DiSMiSSED / MAttERS 2012 2013 JANUARY FEBURARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER 4 8 5 10 21 5 5 3 15 10 11 5 1 1 - 1 3 - 1 - - 2 1 3 2 1 4 2 - 1 2 1 1 2 3 1 - 2 - - - 1 2 - 1 3 2 1 w.o.P - - 1 - 1 - - - 1 0 8 2 - 1 - - 2 6 - - - 3 - - ToTal 102 13 20 12 12 13 10 2 10 7 7 4 9 2 4 4 - - 2 - 2 1 2 - - 1 - 1 1 - 5 1 1 2 4 1 4 8 3 1 2 2 - 1 3 1 1 - JANUARY FEBURARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER totAl MAttERS DiSPoSED 3 5 5 3 6 8 5 1 3 10 14 7 70 11 7 11 16 5 6 4 ToTal 49 12 6 11 23 8 60 37 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendix d NUMBER OF MATTERS FILED – SOUTH for the period January, 2012 - July, 2013 4 8 5 0 1 1 2 5 5 3 5 1 0 1 1 1 5 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 0 1 0 0 0 0 1 2 0 1 7 7 4 9 - - - - - - - - - - - - - - - - - - - - - - - - - 1 - - - - - 1 - 2 - - 1 - 1 - - - - - - - - - - - 1 - - 1 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 0 0 0 0 0 0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5 - 1 6 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 0 0 0 - - -
 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 0 2 - 1 - - - - - - - - - - 1 1 - - - - 2 - - 1 - - - - - - - - - - - 1 1 - - - 2 - - - - - A
& - * o g a b o T & : 38 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendix e NUMBER OF MATTERS FILED AND SETTLED (E.S.D.
& G.S.D.)
– NORTH for the period January, 2006 - July, 2013 M A T T E R S S E T T L E D yEAR totAl filED JuDGMEntS DEliVERED MAttERS DiSPoSED MAttERS MAttERS DiSPoSED in withDRAwn ConCiliAtion bilAtERAlly MAttERS DiSMiSSED / w.o.P totAl MAttERS DiSPoSED 2006 2007 2008 2009 2010 2011 2012 2013 P 646 447 500 606 669 785 833 540 92 203 141 109 123 132 190 99 * NUMBER OF MATTERS FILED AND SETTLED (E.S.D.
& G.S.D.)
– SOUTH for the period January, 2006 - July, 2013 M A T T E R S S E T T L E D yEAR totAl filED JuDGMEntS DEliVERED MAttERS DiSPoSED MAttERS MAttERS DiSPoSED in withDRAwn ConCiliAtion bilAtERAlly MAttERS DiSMiSSED / w.o.P totAl MAttERS DiSPoSED 2006 2007 2008 2009 2010 2011 2012 2013 P NB : The figures for 2013 is provisional * This represents the total Judgments delivered up to the period September 2013 1 4 5 3 9 33 12 23 0 2 4 3 7 1 13 8 12 25 45 35 55 86 70 60 (continued) 39 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendix e NUMBER OF MATTERS FILED AND SETTLED (E.S.D.
& G.S.D.)
– NORTH & SOUTH for the period January, 2006 - July, 2013 M A T T E R S S E T T L E D yEAR totAl filED JuDGMEntS DEliVERED MAttERS DiSPoSED MAttERS MAttERS DiSPoSED in withDRAwn bilAtERAlly ConCiliAtion MAttERS DiSMiSSED / w.o.P totAl MAttERS DiSPoSED 2006 2007 2008 2009 2010 2011 2012 2013 P 656 481 560 692 781 878 935 589 100 212 163 119 146 160 203 111 * 97 117 91 94 64 54 115 53 36 83 59 83 85 93 35 94 63 258 150 94 122 121 188 111 NB : The figures for 2013 is provisional * This represents the total judgments delivered up to the period September 2013 36 27 31 15 24 3 30 16 332 697 494 405 441 431 571 385 appendix F TOTAL MATTERS FILED AND DISPOSED – NORTH & SOUTH for the period 2006 - July, YEARS total filed total matters disposed 40 Source: Research Department of the Industrial Court of Trinidad and Tobago I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendix G TOTAL MATTERS DISPOSED BY CATEGORY – NORTH & SOUTH as at July 31st, 2013 MATTERS DISMISSED / W.O.P 4% JUDGMENTS DELIVERED 28% MATTERS WITHDRAWN 29% MATTERS DISPOSED BILATERALLY 14% MATTERS DISPOSED IN CONCILIATION 25% appendix H NUMBER OF MATTERS FILED for the period January, 2009 - september, 2013 N O R T H S O U T H N O R T H & S O U T H yEAR 2009 2010 2011 2012 2013 P MAttERS filED 606 669 785 833 540 P - This represents a Provisional figure yEAR 2009 2010 2011 2012 2013 P
 MAttERS filED 86 112 93 102 49 yEAR 2009 2010 2011 2012 2013 P MAttERS filED 692 781 878 935 589 (continued) 41 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendix I MATTERS FILED – NORTH & SOUTH for the period 2009 - July, 2013 935 878 781 692 589 1000 900 800 700 600 500 400 300 200 100 0 2009 2010 2011 YEARS 2012 2013p appendix J TOTOL NUMBER OF MATTERS FILED – NORTH & SOUTH for the period 2009 - July, 2013 833 785 606 669 540 900 800 700 600 500 400 300 200 100 0 D E L I F S R E T T A M
 D E L I F S R E T T A M 2009 2010 2011 YEARS 2012 2013p 42 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendix K TOTAL NUMBER OF MATTERS FILED – SOUTH for the period 2009 - July, 2013 112 86 102 93 49 2009 2010 2011 YEARS 2012 2013p appendix L DISPOSALS – NORTH & SOUTH for the period 2006 - July, 2013 D E L I F S R E T T A M YEARS 43 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendix M DISPOSALS – NORTH for the period 2006 - July, 2013 672 449 501 320 370 386 345 325 2006 2007 2008 2009 2010 2011 2012 2013p YEARS appendix n DISPOSALS – SOUTH for the period 2006 - July, 2013p YEARS 44 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendix o NUMBER OF JUDGMENTS DELIVERED for the period January, 2009 - september, 2013 N O R T H S O U T H N O R T H & S O U T H yEAR 2009 2010 2011 2012 2013 P JuDGMEntS DEliVERED 109 123 132 190 99 P - This represents a Provisional figure yEAR 2009 2010 2011 2012 2013 P JuDGMEntS DEliVERED 10 23 28 13 12 yEAR 2009 2010 2011 2012 2013 P JuDGMEntS DEliVERED 119 146 160 203 111 D E R E V I L E D S T N E M G D U J 200 180 160 140 120 100 80 60 40 20 0 JUDGMENTS DELIVERED – NORTH COURT for the period January, 2009 -
 september, 2013 190 132 123 109 99 2009 2010 2011 YEARS 2012 2013p 45 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendix P JUDGMENTS DELIVERED – SOUTH COURT for the period January, 2009 - september, 2013 28 23 10 13 12 2009 2010 2011 YEARS 2012 2013p 30 25 20 15 10 5 0 appendix Q JUDGMENTS DELIVERED – NORTH & SOUTH COURT for the period January, 2009 - september, 2013 250 200 150 100 50 0 146 160 119 203 111 2009 2010 2011 YEARS 2012 2013p D E R E V I L E D S T N E M G D U J D E R E V I L E D S
46 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendix r INTERNAL USERS (NORTH LIBRARY) october, 2012 - June, 2013 Books Bd Volumes internet Journals Judgments legislation photocopies others users 600 500 500 400 400 300 300 200 200 100 100 0 0 Books Bd Volumes internet Journals Judgments legislation photocopies others users oct OCT 113 nov NOV 3 dec DEC 11 jan JAN feb FEB 8 48 0 0 9 0 46 4 57 mar MAR 7 22 0 1 1 0 208 4 60 apr APR 51 may MAY 25 jun JUN 14 19 4 31 42 1 40 5 65 10 5 60 103 2 120 4 57 4 3 23 88 5 100 4 60 Books Bd vols Internet journals judgments legisla@on photocopies others users 47 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendix s INTERNAL & EXTERNAL USERS STATISTICS (SOUTH LIBRARY) october, 2012 - June, 2013 appendix t INTERNAL USERS STATISTICS (SOUTH) october, 2012 - June, 2013 april may June Books Bd Volumes internet Journals Judgments legislation photocopies others users (continued) 48 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendix t INTERNAL USERS STATISTICS (SOUTH) october, 2012 - June, 2013 80 70 60 50 40 30 20 10 0 OCT 60 NOV 12 DEC 20 JAN 12 FEB 4 MAR 9 APR 2 MAY 9 JUN Books Journals Judgments other weB inquiries 49 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B
 a G o appendix u INTERNAL USERS STATISTICS (NORTH) october, 2012 - June, 2013 OCT 40 NOV 39 DEC 22 JAN 13 FEB 8 MAR 7 APR 33 MAY 25 JUN Books Bd Volumes internet Journals Judgments legislation photocopies others users Books Bd Volumes internet Journals Judgments legislation 25 33 7 632 7 photocopies 1099 others
 users 0 40 1600 1400 1200 1000 800 600 400 200 0 50 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendix V TRAINING AND DEVELOPMENT PROGRAMMES october, 2012 - september, 2013 name of training training period target audience numBer training proVider trained Employment Conflict and Dispute october 01-12, 2012 Resolution in Development Judges International law Institute 2 Washington dC, usa Absence Management november 15, 2012 Human Resources Performance Management november 20, 2012 All Staff Workforce Administration november 26-28, 2012 Human Resources 2 2 2 IhRIs IhRIs IhRIs Effective Business Writing november 27-28, 2012 All Staff 18 hRmaTT Managing the Disciplinary Process January 28-30, 2013 Management Court Management Conference february 10-12, 2013 President Registrar Conducting Employee Performance Appraisal Meeting february 20-21, 2013 Management Developing HR Policies february 01, 2013 Supervisors Human Resource Officers 3 2 2 1 arthur lok Jack graduate school of business los angeles, usa arthur lok Jack graduate school of business hRmaTT Advance Computer Literacy Workshop february 25- march 12, 2013 All Staff 24 yTePP Distinguished Leadership & Innovation Conference march 22, 2013 Management Effective Business Writing march 25-26, 2013 All Staff Professionalism in the Workplace april 4-5, 2013 All Staff Employment Appeals Tribunal Study Tour april 08-12, 2013 Developing Leadership Skills for Middle Level Officers april 11, 18, 25, 30,
 2013 Logic and Opinion Writing april 29 – may 02, 2013 President Registrar Officers Judges Train the Trainer may 13-17, 2013 Supervisors 3 19 19 2 1 2 1 arthur lok Jack graduate school of business Renne & associates Incorporated Rocke & associates Consulting services employment appeals Tribunal, london, england ministry of Public administration national Judicial College, Reno, nevada, usa arthur lok Jack graduate school of business Disciplinary Procedures – One Man Tribunal CBP Project Management may 16,
 2013 Management Snr.
Officers 11 service Commission department may 27, 2013- June 24, 2013 Information Technology Officers 1 bordercom International (continued) 51 I n d u s t r I a L C o u r t o F t r I n I d a d & t o B a G o appendix V TRAINING AND DEVELOPMENT PROGRAMMES october, 2012 - september, 2013 name of training training period target audience numBer training proVider trained Project Management for Event Planners June 5-7, 2013 102nd ILO Conference June 05-21, 2013 Strategic Planning for Managers June 24-25, 2013 Members of the Change Team Judges President Management Snr.
Officers CARALL Conference July 07-10, 2013 Librarians Decision Making July 08 – 11, 2013 Judges Economic Indicators July 22-26, 2013 Research Officers 3 2 2 2 2 1 arthur lok Jack graduate school of business International labour organisation, geneva, switzerland arthur lok Jack graduate school of business Caribbean association of law libraries, grand Cayman Island national Judicial College, Reno, nevada, usa u.s. bureau of labour statistics Workforce Administration July 23-25, 2013 Human Resource Officers 1 IhRIs IgP office Configuring and Administering Hyper-Vin Windows Server 2012 July 29-31, 2013 Information Technology Officers 1 Caribbean Tech Trendz ltd. HR for Non HR Professionals July 30, 2013 Supervisors Human Resources Judicial Training Programme July 29-august 01, 2013 Judges 1 22 hRmaTT facilitators from the uWI, mona Campus and the International labour organization NCRA Convention & Expo 2013 august 8-11, 2013 Reporters 1 The national Court Professionalism in the Workplace august 14-15,2013 All Staff ILO Sub Regional Gender Equality september 09-13, for Judges of the Caribbean 2013 Judges Registrar Staff Orientation september 16, 2013 Staff employed within Oct. 2012- Sept. 2013 period Reporters association nashville, Tennessee, usa Rocke & associates Consulting services International labour organ- ization, barbados 20 4 15 heads of departments Court Technology Conference 2013 september 16-20, 2013 Assistant Registrar IT Officers 2 The national Centre for state Courts, baltimore, maryland, usa
 Retirement & Transition Coaching Workshop september 17 & 19, 2013 Employees retiring 19 from 2014-2018 Connec marketing & financial services ltd. 52 Layout and Design: The artbank limited Printing : Caribbean Print Technologies ST R I A U D N I E H T L C O U R T OF TRIN I D A D & T O B A G O FIAT JU S T I T I A A Publication of THE INDUSTRIAL COURT OF TRINIDAD & TOBAGO PORT OF SPAIN Industrial Court Building Corner Queen and St. Vincent Streets Tel: (868) 623-1304-8 Fax: (868) 623-6179 SAN FERNANDO #6 Irving Street (North) Tel: (868) 653-5182/0652 Fax: (868) 657-0965 www.industrialcourt.org.tt