Good industrial relations practices, in a nutshell, charge both employer and employee with certain rights and responsibilities, which, if not respected and upheld, can lead to conflict and ultimately, disputes.
For a country to realise improved economic growth and competitiveness, a sound and harmonious industrial relations climate is a key factor.
A regulated and cooperative industrial relations system requires all stakeholders to contribute by actively practicing sound industrial relations. This mitigates against labour unrest, financial consequences due to losses in productivity, and general rifts in the employment relationship.
The incorporation of good industrial relations procedures should therefore be a priority objective for companies.
The law invariably guides the terms and conditions of the employment relationship. Specifically, in Trinidad and Tobago, the Industrial Relations Act Chapter 88:01 is the main piece of legislation governing the practice of industrial relations. It establishes the Industrial Court of Trinidad and Tobago as a superior court of record which is the main arbiter in industrial disputes.
However, the Act also provides for dialogue and conciliatory approaches between the employer and employee or their representatives. Notwithstanding the Industrial Relations Act, there are also other important pieces of legislation guiding the employment relationship such as the Retrenchment and Severance Benefits Act, the Maternity Protection Act and the Workmen’s Compensation Act among others.
In keeping with the principles of good industrial relations, all parties, the employer, employee and the union must abide by the terms and conditions of the collective agreement. As an operationalised document regulating the conditions of work, adherence to due process is mandated. This supports equity and fairness in the employment relationship. Particular emphasis should be placed on procedural fairness, which goes beyond cause for action to include process correctness.
In striving for a fair and equitable system, treating with offences and employee grievances should follow the path of natural justice. By allowing employees the right to be heard, the principles of fairness and equity in the workplace are exercised, thus mitigating against the possible negative outcome for either party.
As a step towards learning more about developing and implementing best practices for your organisation, the Employment and Labour Relations Committee of the TT Chamber has carded a session on November 30 titled “The Impact of Industrial Court Judgments on your Business”. Gauging from the overwhelming response, there is a clear need for this type of educational programme. Although registration is now closed, the TT Chamber plans to repeat the session in April 2017. Anyone interested in attending the April session, is kindly asked to reserve a space by calling: 637 6966 extension 1228 or email ckurban@chamber.org.tt.
The TT Chamber continues to play its part as we work towards open dialogue, mutual respect and win-win outcomes in the employment partnership