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Unions concerned over delays in Industrial Court due to judges' extension - Trinidad and Tobago Newsday

ARMS of the civil services, which fall under the Essential Services Division of the Industrial Court, are concerned that their matters will be delayed by a six-month extension of some judges' terms.

Among the judges whose terms were extended was Essential Services Division (ESD) chairman Lawrence Achong. This is the extension which troubles the unions as it would affect the ability of the Special Tribunal to hear new matters.

The ESD chairman is also the chairman of the Special Tribunal which hears and determines disputes in the civil service, the police service, the fire service, the prison service, the teaching service, the supplemental police and the Central Bank. The Special Tribunal consists of the ESD chairman and two other members of that division selected by the chairman.

For the Estate Police Association (EPA), extending the contract of the ESD chairman means that the chairman cannot convene the Special Tribunal to hear new matters, as he is only allowed to complete those currently before him.

Section 4(9) of the Industrial Relations Act. Chapter 88:01 sets out that with the permission of the President of TT, a judge may continue in office as necessary after the end of their term but can only do so "to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before the term of office expired."

Richardson described the situation as being very messy. He believes a cleaner way to handle the issue would have been to let the judges finish the matters before them in time for their term expiration. Even if they had part heard matters before them, he said they should have still been replaced.

Section 7(5) of the Industrial Relations Act provides for hearings of matters to continue even if one of the members' terms comes to an end.

Richardson cited how former Industrial Court President Deborah Thomas-Felix's contract was not renewed in 2023 despite having ongoing matters before her without compromising the legal proceedings.

"How come the ex-president of the court was not given an extension and her matters, the matters that she would have had still remain before the court. There is a cleaner way for them to do it."

He added: "It leaves a bitter taste in people's mouth, in our mouths, about the entire thing which, is really a debacle for justice as far as we're concerned."

Richardson said they have about three matters currently before the Industrial Court. Some, he said, had not yet been heard.

"Matters that should have already been heard and there were set dates for the court and they end up putting it off. So that caused a bit of concern for us."

These things, he said, delay justice and harm the worker. Well-placed sources told Newsday that if a new chairman is appointed when the incumbent's extension expires, it is likely new matters would be given dates in late 2026 or 2027 due to the amount of matters on the list.

Prison Service Association president Gerard Gordon also shared the concern that matters could be delayed due to the judges' ex

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