By Chantalé Fletcher
AS more sectors open up in Trinidad and Tobago, the issue of mandatory vaccinations in the workplace is a touchy one and such policies should not be implemented without proper dialogue between employer and employee.
This is according to president of the Industrial Court Deborah Thomas-Felix at the virtual opening of the Industrial Court 2021\2022 law term on Friday.
Thomas-Felix said while she did not want to give her personal opinion on the matter, she believed that if implementing mandatory vaccination against the Covid-19 was simple, and that governments globally would have made those decisions by now.
She said, “The main issue, as I see it, is whether a mandatory Covid-19 vaccination policy can be introduced as a new term of employment to existing employees without discussion or consultation. In other words, can such a policy be introduced unilaterally by employers in the workplace? The short answer to that question is no.”
Thomas-Felix added, “The laws of this country do not directly address the issue of a Covid-19 vaccination as a condition for employment. In fact there is no known existing law worldwide, which I can find, which addressed this issue, before the pandemic. While there is no expressed provisions in the Industrial Relations Act (IRA) of Trinidad and Tobago for Covid-19 vaccinations policies to be introduced in the workplace as new terms and conditions of employment, our legal framework provides for the introduction of new policies, new terms and conditions of employment and new working arrangements through the collective bargaining process; such policies and arrangements, in my view, include vaccination policies.”
She said the Industrial Relations Act makes collective bargaining between employers and trade unions mandatory which did not only entail wage negotiations but the resolution of all issues of common interest in the workplace.
The head of the Industrial Court also noted that from the period March 2020 to March 2021, there was the filing of 124 Industrial Relations Offences in one year and 178 offences in 18 months which was s a cause of concern, and it is a reflection of the absence of social dialogue whether face to face or virtually by many at the workplace.
Adherence of law is needed
Thomas-Felix said, “No civil or modern society can function properly and maintain peace and order without adherence of the rule of law.”
She further explained, “When this chapter of this world history is written, it will be an era of a global pandemic, real time and rapid communication, mis information social media dominance and great challenge as we struggle to cope with the onslaught of the Covid-19 pandemic and its attendance social and economic consequence.”
In addition, Thomas-Felix said that it will also be viewed as a time when the rule of law which plays a crucial function in the democracy is challenged.
“The Covid-19 highlighted the close links, between the responses of governments against the crisis and the rule of law,” she said.
Thomas-Felix said, “It also highlighted the weaknesses in existing governance systems globally and it has placed the spotlight on areas in need of improvement, especially in the health care and education systems.”
In referring to the laws, she reminded the public , “ The pandemic should not be seen as a challenge to the rule of law and human rights but as an opportunity to better articulate and strengthen international standards at the laws of dealing with such crisis.”
The President recalled in the early parts of 2021, where there were many temptations to put International Labour Standards and good Industrials Relations Practices aside, and treat them as a lesser importance in times of crisis.
However, she cautioned, “We must never forget, that fairness, equity, and natural justice are principles on which the foundations of which of our societies were built and which were assisted in stabilising the economy and our countries.
“This is a time more than ever, where the adherence on the proper Labour Standards assume even greater importance to minimize stability in the future and safe guard the interest of all.”
Year in review
The president also gave the year in review cases.
From September 14, 2020 to September 14, 2021, 966 new cases were filed at the Industrial Court, which is 61 cases more than the previous year when 905 cases were filed.
The Court disposed of 1037 cases, which was 330 more than the cases disposed of in 2019/2020. The disposal rate for this year was 107.3%, which was 29.2 percentage points higher than the previous year when the disposal rate was 78.1%, Thomas-Felix stated.
A breakdown of the cases disposed in the year in review are: 304 judgments were delivered, 396 cases were withdrawn, 297 cases were settled through the conciliation and bilateral process and 35 cases were dismissed.
At the Court, 591 Trade Disputes were filed, 146 Industrial Relations Offences 101 Retrenchment and Severance Benefits cases and 74 Occupational Safety and Health cases were all filed.
