EPA reiterates calls for changes to special tribunal laws

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Estate Police Association president Deryck Richardson -

The Estate Police Association (EPA) is once again calling on Government to amend legislation governing the Essential Services Division (ESD) and the Special Tribunal of the Industrial Court.

The EPA president Deryck Richardson renewed their plea at a press conference on November 16 after they found out the tribunal's chairman would be part of a second hearing on a matter, despite advice from the Privy Council that he should not be.

On May 30, the Privy Council dismissed an appeal by the Special Tribunal in a dispute involving the EPA and its authority to represent 42 estate constables who were dismissed by the Royal Bank of Canada in 2014. The ruling was critical of the Special Tribunal, particularly of the adversarial position the tribunal took on advancing its appeal to the apex court.

The Law Lords said the tribunal lost sight of the principles of impartiality and neutrality, which, they said, should govern its conduct as a judicial body.

"Not only did the tribunal actively oppose the claim at every level but it sought to argue that its erroneous decision was immune from challenge on grounds which it now concedes are unsustainable," the Law Lords said.

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In dismissing the appeal, the Privy Council remitted the matter to the Special Tribunal for hearing.

"Any further hearing should take place before a fresh panel of the Tribunal which, if possible, does not include any member who heard the dispute previously or who has had any involvement in these judicial review proceedings," they said.

Contrary to this, Richardson said the association was informed that the tribunal's chairman, Lawrence Achong, who was part of the initial hearing, would again be a part of the second hearing set for April 2025.

"Why are we allowing this to happen?"

He said the union is being told that according to the law, the chairman must be a part of the tribunal and does not allow for him to be recused.

"There are provisions in law for the recusal or the absence of the President of the Industrial Court. There is a vice president. There's a vice president for when the president is out of the country. There are persons who are appointed to act for the Prime Minister, for the Chief Justice, yet they are saying there's no provision for the chairman of the Special Tribunal."

He said letters were sent to the Attorney General and other government officials to address this issue but the EPA had not received any responses.

Among union heads sitting in solidarity at the press conference was the TT Registered Nurses Association president Idi Stuart who said urgent government action is needed to rectify the legislation.

"The only way this could be resolved, and it is something that I personally and hopefully, the entire joint trade union movement would be writing again to the Attorney General to correct a particular part in the Act, which speaks to...the chairman of the Essential Services Division must be one sitting as the head of the Special Tribunal. That particular act, because that is what they are using to go on to say he must remain in that position. Their hands are tied."

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"We have witnessed time and time again the government quickly has brought amendments to bills, different acts in Parliament, and they do so without hesitation, and this is a critical juncture where they ought to be able to do that, to correct that anomaly they cannot hide behind 'Well that is the law.' The Government has to be able to correct that."

The union heads also renewed their calls for Achong to be removed.