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INDUSTRIAL Court member Vincent Cabrera is expressing concern about government’s decision to review the appointment of himself and seven other colleagues, and fears the extension granted by President Christine Kangaloo may be revoked.
The former trade union leader was also critical of his comrades in the Joint Trade Union Movement (JTUM) who are demanding Kangaloo rescind the extension she gave to one of the eight, chairman of the Essential Services Division (ESD), Lawrence Achong.
Cabrera, a former member of JTUM, and one who would have been key in crafting the policies and principles of the umbrella body, as well as president general of the Banking and General Workers Union (BIGWU), said any call to have Achong removed would automatically extend to the other members, including himself.
A May 10 statement from the Office of the Attorney General and the Ministry of Legal Affairs said cabinet took a decision on May 8 to reassess the recommended appointments for positions in the Industrial Court and tribunal by the previous government. Those included the appointment of Achong, which would have covered the period May 7 to June 30.
The members were appointed for an initial three years, but shortly before the April 28 election, their term was extended to five years.
Calls and messages to Labour Minister Leroy Baptiste for an update on this situation, yielded no response.
Cabrera said, “Obviously, the new government would want to appoint their own people, but at the time, president of the Industrial Court Heather Seale realising all these people were being terminated and there were no replacements, asked President Kangaloo to extend their period so the court would not collapse or come to a standstill.”
Kangaloo granted a six-month extension for the affected members, which would end in November.
JTUM, claiming Achong is anti-worker, anti-labour and not fair in his judgments, wants him gone before this period ends.
Cabrera told Newsday cabinet could not interfere with that ruling.
A former member who asked for anonymity, explained the extension came strictly under the purview of the President and the cabinet had neither sight nor oversight over that.
The member said under the Industrial Court Act, groups sit in threes and if one person’s contract comes to an end and it is not extended, the other members would automatically take over part heard matters and finish it, unlike the Supreme Court where a judge must begin, conduct and complete a matter.
In this case, cabinet originally rescinded the appointments of the eight without replacements, which would have stymied the court operations had the President not acted to grant an extension so they could finish their work.
Cabrera said there were many more angles in this scenario of the UNC government rescinding the decision of its predecessor the PNM to extend the life of the members and Kangaloo’s granting of a short-term extension.
“The fact of the matter is, that whilst the public has been told that Larry Achong is one of the judges whose instruments were rescinded by the present government, it is eight of us in all who will be affected.
“It is five of us immediately (whose original three-year term would have ended in May), and two more who will be going in June, as well as the vice-president of the court in July. It’s a full-scale attack on the court.
“Other judges are fearful that when their time comes around, they will get the same kind of treatment.”
Members to be affected by this decision include Herbert Soverall ,an attorney and vice-president, Achong, Patrick Rabathaly, Kathleen George-Marcelle who is also an attorney and economist, Jillian Joy Bartlett-Alleyne, Cabrera, along with attorneys Wendy Ali and Indra Rampersad-Suite. Rampersad-Suite is also an accountant.
Cabrera: Unions can appeal court decisions
Reacting to JTUM’s call, Cabrera said there is a process by which things are done.
“If you disagree with the judge’s (member’s) decisions, you appeal it. That is the way the system works. Once you get outside of that, you are talking about mob rule.”
He said many times employers disagree with judgments handed down, giving an example of a recent ruling on 12 contract workers who were fired by the Tobago House of Assembly which has indicated its intention to appeal.
“That is the correct way. It is not to march and ask for anybody to be removed,” referring to JTUM’s May 12 news conference at the Queen’s Park Savannah, opposite the President’s House, where JTUM’s head Ancel Roget called for Achong’s removal.
[caption id="attachment_1157341" align="alignnone" width="1024"] Lawrence Achong. - File photo[/caption]
“The call by Roget and others is not well-founded. The President did not extend Larry Achong’s contract because she liked Larry Achong. It has been extended because the president of the court sought an extension for all the people who were suddenly moved, so the court would be able to function.
“More than that, there are cases he is dealing with. If you remove him and put a new person, all the matters he is dealing with will have to start de novo – of new – when the new chairman comes in.”
The former member was not in accord with Cabrera’s defence of Achong, saying the work of the Special Tribunal had been troubling for some time, referring to the Court of Appeal telling the ESD one of the roles and functions of a court was predicated on fairness and right to be heard.
With respect to consultation with the unions before appointments were made, Cabrera said, “It would be interesting to ask any one of the labour leaders, including comrade Roget to show what section of the IRA says that labour has to be consulted before the appointment of judges (members).”
As a former trade union leader, he was also of that opinion at one point in time, he said.
“When I joined the trade union movement, I used to talk like that because I did not know any better.
“It is not a tripartite court. What the law says is that the state would appoint people who have experience in different fields and one of them is in industrial relations.
“That is how the court is structured, and I am saying a lot of the premises of their argument is incorrect.”
He defended Achong, a former PNM MP and labour minister, stating that while “he may be rough, and rubbed some of the trade unionists the wrong way,” he was swayed in a particular direction based on the strength of the case before him.
“Some trade unions come with weak cases. They may be correct in bringing the matter, but their arguments are not always strong. Judges are there not to help unions or employers; they are there to deal with what has been presented to them.”
‘Government may face court action if Achong removed’
He warned if the new government acceded to the unions’ demand to remove Achong, it might very well face expensive litigation in the future.
He referenced a case involving a former general secretary of the All Trinidad Sugar and General Workers Trade Union, Sam Maharaj, who took former prime minister Patrick Manning to court following his refusal to renew his contract as an industrial court member.
Maharaj fought his case and 15 years later, in 2019, Justice Frank Seepersad ordered he be compensated to the tune of $3.17 million.
“Our position is more egregious than Sam’s because the PNM cabinet already appointed us. The documentation was sent to the President. In Sam’s case although he was recommended, the cabinet did not appoint him because the same Larry Achong who was the labour minister said Sam was not able to read and write, which was incorrect.
“Government is already saying they are in debt and there is no money in the treasury, but rescinding these appointments could cost them hefty settlements.”
“The action the cabinet took was harsh and oppressive, something the unions come to the court to argue, so where is the principle.
“You can’t change the principle to deal with one individual. What this present UNC government has done is they have broken the rules of natural justice. They have taken an unfair decision, and they have denied people of their property.
“It isn’t as if they want to remove Larry alone. It is eight of us.
“They may not like Larry Achong, but the man was reappointed. So even if the President extended his appointment by six months and he has to go, he has a real good case.”
Knowing the creature Achong is, he would not sit and take that just so, Cabrera opined.
“Government would be cutting its own throat if they do not understand that.”
With the cabinet having the ultimate responsibility to appoint members, Cabrera called for changes to the legislation to appoint an independent body to handle appointments and reappointments.
“It is the same issue unions have been talking about, that judges ought to have security of tenure, but that principle is now being interfered with.”
He said with its majority, the UNC government has the numbers to effect legislative changes, “to create a body to deal with that, so whether it is the PNM or UNC in power, nobody can accuse anyone of political interference or committing an act of revenge on someone you don’t like.” The Law Association has also warned about the threats to judicial independence in this scenario.
When contacted, Achong told Newsday he had no comment but was viewing the happenings as a spectator.
“I have nothing to say. Let them have their run. I will have my turn, in time to come.”
Former president of the court Debra Thomas Felix also declined comment. “I honestly do not want to get involved in anything concerning the industrial court. I don’t think it is proper for me to comment on those things.”
Thomas-Felix was president of the court for 12 years. She was appointed under the late former prime minister Patrick Manning government.
On the eve of her third four-year contract in 2023, while officially representing the court at the International Labour Organisation Committee of Experts in Washington DC, she was informed that her tenure would not be renewed.
INDUSTRIAL COURT JUDGES AFFECTED
Herbert Soverall - attorney (vice-president)
Lawrence Achong - industrial relations (chairman)
Patrick Rabathaly - industrial relations
Kathleen George-Marcelle - attorney, economist
Jillian Joy Bartlett-Alleyne - industrial relations
Wendy Ali - attorney
Vincent Cabrera - industrial relations
Indra Rampersad-Suite - accountant, attorney
 
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