PROCEEDINGS

HOW MATTERS ARE BROUGHT BEFORE THE INDUSTRIAL COURT

STEP 1:
A matter is referred to the Industrial Court by:
 the Union;
 the Employer;
 the Minister responsible for Labour;
 the Worker in the case of the Minimum Wages Act, Maternity Protection Act and the
Occupational Safety and Health Act (if there is no recognized Trade Union); and
 the Occupational Safety and Health Authority in the case of the Occupational Safety and
Health Act

STEP 2:
Matters are assigned to either the General Services Division (GSD) or the Essential Services
Division (ESD) and are categorized by the Court as follows –
 (GSD or ESD) TD - Trade Dispute
 (GSD or ESD) IRO - Industrial Relations Offence
 (GSD or ESD) ICA - Interpretation of a Collective Agreement
 (GSD or ESD) A - Application
 (GSD or ESD) O - Opinion

STEP 3:
All disputes such as Trade Disputes, Retrenchment and Severance Benefits Disputes,
Minimum Wages Disputes and Maternity Protection Disputes must follow the dispute procedure
as defined by the Industrial Relations Act, Chap. 88:01 before the dispute is referred to the
Industrial Court. The procedure includes the following –
 The dispute must be reported to the Minister only by the employer, the recognized majority
union or where there is no recognized majority union, any trade union of which the worker
or workers who are parties to the dispute are members in good standing;
  The dispute may not be reported to the Minister if more than six months have elapsed since
the issue giving rise to the dispute first arose, save that the Minister may, in any case where
he/she considers it just, extend the time during which a dispute may be so reported to him;
 The Minister shall as soon as possible after a trade dispute has been reported or deemed to
have been reported to him/her take steps as he/she may consider advisable, to secure a
settlement of the dispute by means of conciliation within fourteen days after the date of the
report;
 If a dispute is not settled, the Ministry will issue an unresolved certificate under section 59
(1) to the parties to the dispute and may state any reasons which in his/her opinion have
prevented a settlement.
 To initiate proceedings in the Court, parties must submit a letter of referral. However,
disputes concerning a breakdown in negotiations or under the Essential Services Division
must be initiated by the Minister.
All other matters such as Industrial Relations Offences, Interpretation of a Collective Agreement,
Application, Rescission of Contract or Recognition can be initiated by either parties to the dispute
by submitting a letter of referral to the Court.

STEP 4:
At the Industrial Court, the first stage is issuing of Notices to the parties of the dates for
filing and exchanging the Evidence and Arguments as well as a date for the Case Management
Conference. A Case Management Form is also attached asking the parties for information
including whether or not they would like a date for conciliation before a Member of the Court.
If the response of both parties is positive, then a Notice will be sent indicating the date of
the conciliation. If the parties do not indicate an interest in conciliation, the Notice provides the
date of the Case Management Conference for parties to appear in Court for the purpose of
expressing their views as to the periods which are reasonably necessary for the fair and adequate
presentation of their case and for the parties to receive such directions as the Court might give for
the hearing and determination of the matter.
STEP 5:
At the Case Management Conference the dispute could still be referred for Conciliation before
a Member of the Court or the parties can be given specific dates for –
 an extension of time to file Evidence and Arguments (if not filed previously);
 the Exchange of Evidence and Arguments
 the replies (if necessary)
 the filing of Witness Statements
 the Exchange of Witness Statements
 a date for Mention and Report (if necessary); and
 a date for the Hearing of the dispute.
If a dispute is referred to a Member of the Court for conciliation, the parties are notified of the date
fixed for conciliation.

WITNESS STATEMENTS
A litigant’s claim to the Industrial Court is presented by Evidence and Arguments and
Witness Statements.
Evidence and Arguments must be prepared on legal size paper and be printed on both
sides of the page. All Evidence and Arguments should have the following information
among other things:
1. Name and Address of the Parties.
2. Name of the worker and the particulars of his employment (such as his last
position in the Company).
3. The last rate of pay/wages/salary of the Worker.
4. A detailed account of the dispute.
5. The relief which is sought by the party.
 EXAMPLE OF WITNESS STATEMENT:

Please note that these are mere samples and Parties should adjust the narrative to meet
their specific needs.

REPUBLIC OF TRINIDAD AND TOBAGO

IN THE INDUSTRIAL COURT

IN THE MATTER OF A TRADE DISPUTE UNDER

THE INDUSTRIAL RELATIONS ACT, CHAPTER 88:01

Trade Dispute No. _____of 2012

BETWEEN

ABZ UNION -PARTY No.1

AND

BOLT COMPANY LIMITED -PARTY No.2

Witness Statement of Party No.1

Witness Statement of Jim Carey

Jim Carey of #120 Phase 3, Edinburgh 300 Chaguanas, Clerk IV, states as follows:

The facts stated herein are true and correct and within my personal knowledge in my capacity
aforesaid except where otherwise stated to be on information and belief in which case I verily
believe same to be true.

My name is Jim Carey and I am an employee of Party No.2, BOLT Company Limited
(hereinafter referred to as “the Company”). I have been employed with the Company for twenty
five (25) years namely since the 16th of June 1986. I am currently employed in the position of
Clerk III. I was initially employed as a Clerk I and I have been promoted over the years. I am a
monthly paid employee and my last salary was Six thousand five hundred dollars ($6500.00).
On Friday 10th December 2011, I was at work when I began to feel ill. I attempted to inform my
supervisor but he was not there. I then proceeded to the office of Mr. Spike Lee, the Manager, to
inform him of my condition. I knocked on his door and he opened it and promptly closed the
door hitting me in my face in the process. I began knocking on the door again but Mr. Lee did
not respond. I then opened the door and in a loud tone of voice told him that I needed to speak to
him urgently. Mr. Lee refused to look up and kept his head bent and said “Come back later.” I
told him “You slammed the door in my face!” He did not reply. I began feeling dizzy and I
became agitated, I told Mr. Lee that I was feeling ill and I needed to leave. He still did not look
up but said come back later or put what I had to say in writing. I left Mr. Lee’s office about five
minutes after and wrote a letter which I placed on his secretary’s desk. I asked his secretary to
give the letter to him and I left for home. A true copy of this letter is attached hereto and marked
“J.C.1”

I went to the doctor that same day and I was granted seven days sick leave. On 11th December
2011, I submitted a seven (7) day sick leave certificate effective 11th December 2011 to 17th
December 2011 to Mr. Lee’s office. On Monday 18th December, 2011 I reported to work and I
was approached by Mr. Lee who indicated that he had not received the sick leave. I told him that
I left a copy with Susan his secretary and asked her to give it to him. I told him that I had a copy
of the said sick leave in my possession and offered to show it to him. He told me he did not want
to see it and I will not be paid for the period that I was on sick leave.

I began feeling ill again on the afternoon of the 18th and all day on the 19th and 20th December
2011 and I remained at home. I returned to work on the 21st December 2011 and worked the
entire day with some discomfort.

On the 22nd December 2011, I reported to work and began working however Mr. Spike Lee
stopped me from continuing to work. He stated that I had abandoned my job. He handed me a
letter which stated that I quit my job. A true copy of this letter dated 21st December 2011 is
attached hereto and marked “J.C.2”.

I have never had any problems with the Company since I began working and I am disappointed
by my abrupt termination. I have not been paid for my vacation leave and for the period of my
sick leave.
I did not abandon my job as a Clerk III with BOLT Company Limited.

STATEMENT OF TRUTH
I, Jim Carey, do verily believe that the statements of fact contained in this Witness Statement are
true and correct.

Dated this 31st day of January, 2012.

..........................................
Jim Carey

To: The Registrar

Industrial Court of Trinidad and Tobago
St Vincent Street
Port of Spain

Please Note: Witness Statements must be typed on both sides of the page.