We read with great concern the editorials of both the Trinidad Express and T&T Guardian. We are concerned as both editorials attempted to shift the issue away from the treatment of key independent institutions by the business community to some discourse of freedom of expression.
The issue of the attack on the Industrial Court has nothing to do with freedom of expression, but rather it has squarely to do with how the Court is viewed by one of the sectors; this sector also uses the said court to settle disputes.
Under the Industrial Relations Act (IRA) 1972, the Court has the important role to hear and determine trade disputes and proceedings for industrial relations offences between employers and trade unions; as well as determine matters relating to collective agreements.
Therefore, both employers and trade unions are interested parties directly impacted by the decisions of the court. That being the case, it is absolutely crucial that the both bodies, trade unions and the employers, have a certain level of confidence in decisions and ensure strict adherence to these decisions. Anything short of that will mean a complete collapse of the system.
The Industrial Court according to the IRA, is a court of superior records, which simply means that it has unlimited powers and is therefore equal to the High Court of Justice. A collapse of the industrial relations system of justice could also mean a collapse of the entire justice system.
The statements being made by the business community is not simply criticism of the Industrial Court, but rather their statements could undermine public confidence in the justice system.
In addition, the statements appear to be inferring that there is collusion between the court and the trade unions. This is a completely different thing and the both editorials interestingly enough ignored this.
The editorials attempt to trivialise the seriousness of what has emerged coming out of the business community by suggesting that it is an issue of freedom of expression, making it even more concerning for the public. Not only do we have a major section of the society willing to disrespect, disregard and undermine the functions of the Industrial Court, but we also have a section willing to protect that.
In the case of the Industrial Court, if the trade union movement was also to "lash out" about the court being pro-business because when we are not happy with the judgments then there will be a complete undermining of trade union and business confidence in the Industrial Court.
Therefore the rantings of the business community can have very serious implications for the Industrial Relations climate in T&T. It seems that the both editorials were completely oblivious to what this will mean for the productivity of the country. This can only serve the business interest at the expense of justice for everyone.
A justice system can only exist and function within a democracy if the people respect and abide by the decisions and judgments of the courts within that justice system. We may not like these judgments, but we must respect them. If we do not then the entire notion of justice and the point of an independent judiciary collapses.
Our ruling class seems to have forgotten that the rule of law and separation of powers are to ensure that a critical arm of the state exists to mediate disputes between citizens and institutions.
Indeed there is a threat to democracy, as there is clearly a certain section of our society who is willing to undermine institutions that are responsible for dispensing justice. The trade union movement in T&T has had a long history of challenging colonialism, fighting exploitation and advancing the interests of ordinary people and workers. We are prepared to defend the democracy of T&T against forces external and within.
ANCEL ROGET,
PRESIDENT GENERAL,
OWTU