من الأشهر اليوم؟

PRESIDENT of the Estate Police Association (EPA) Derek Richardson has joined with trade unions in calling the immediate resignation of the chairman of the Industrial Court's Special Tribunal Lawrence Achong.
He made the call at a news conference at the EPA's offices in Marabella on June 1.
The EPA, joined by president of the TT Registered Nurses Association Idi Stewart and second vice president of TTUTA Marissa Huggins, called on the Prime Minister to remove Achong, warning a failure to do so could lead to contempt of court.
The call for Achong's removal comes after the Privy Council dismissed an appeal by the Special Tribunal in a dispute involving the EPA and its authority to represent 42 estate constables who were dismissed by the Royal Bank of Canada in 2014.
The Privy Council's ruling on May 30 was critical of the tribunal.
The UK-based court has remitted the EPA's dispute to the tribunal before a fresh panel. Achong is the chairman of the Special Tribunal which is a body within the Industrial Court's Essential Services Division. It consists of the chairman and two other members selected by the chairman.
The Special Tribunal was established by an amendment to the Civil Service Act, which was further amended by Act No. 43 of 1978 and it hears and determines disputes arising in the civil, police, fire, prison and teaching services, the supplemental police and the Central Bank.
Richardson said they have found themselves in a quandary to represent the dismissed workers who have waited ten years for justice.
He said the Government must act quickly to remove him so the EPA can get a fair hearing and conclusion on behalf of the officers.
The Privy Council was critical of the adversarial position taken by the tribunal in advancing its appeal to the apex court.
The Law Lords held the tribunal lost sight of the principles of impartiality and neutrality which, they said, should govern its conduct as a judicial body.
"Not only did the tribunal actively oppose the claim at every level but it sought to argue that its erroneous decision was immune from challenge on grounds which it now concedes are unsustainable," the Law Lords said.
The union's representatives said the concerns of the ruling have raised red flags. They said there is now a reluctance by unions to go before the tribunal as they can no longer trust the process.
The Privy Council was asked to determine in an appeal involving a judicial review challenge by the Estate Police Association (EPA) of the tribunal’s dismissal of its complaint against a local bank.
In September 2014, the EPA reported a dispute with the Minister of Labour after RBCterminated 42 estate constables on the ground that the bank had decided to outsource its security function.
The EPA argued the bank acted contrary to the Retrenchment and Severance Benefits Act and good industrial practice and the action was harsh and unjust.
The minister referred the EPA’s dispute to the tribunal. On January 31, 2018, the tribunal held it had no jurisdiction to determine the matter.
The EPA applied to have the High Court review the decision. The latter held that decisions of the Special Tribunal were, in principle, amenable to judicial review but upheld the lawfulness of the tribunal’s decision on the EPA’s complaint.
Both the tribunal and the EPA appealed and the Court of Appeal held that while the judge was correct on the supervisory jurisdiction of the High Court on decisions of the Special Tribunal, it disagreed with the judge’s conclusion on the tribunal’s jurisdiction to determine the EPA’s dispute. The Special Tribunal then appealed to the Privy Council which ruled on May 30.
Lords Briggs, Hamblen, Leggatt, Lady Rose, and Lady Simler presided over the appeal.
The post Unions call for removal of Special Tribunal chairman appeared first on Trinidad and Tobago Newsday.