Estate police want changes in special tribunal laws

THE president of the Estate Police Association (EPA) has written to Attorney General and Minister of Legal Affairs Reginald Armour, SC, asking him to address and amend legislation related to the Essential Services Division (ESD) and the Special Tribunal of the Industrial Court.

The letter from Deryck Richardson, dated August 6, said this significantly affects the administration of justice and the operational fluidity of the special tribunal.

He was referring to a judgment of the Privy Council in the case between the special tribunal and the EPA on retrenched officers at RBC.

Richardson recalled that the Privy Council dismissed all the submissions the tribunal had made.

The case stemmed from May 2014, when RBC terminated 42 estate constables and opted to outsource its security function. Four months later, in September, the association reported a dispute to the Minister of Labour on the dismissals and the minister referred it to the tribunal.

The EPA contended that RBC acted contrary to the Retrenchment and Severance Benefits Act and that the bank’s actions were contrary to good industrial relations practices and established norms and were harsh and unjust.

Richardson urged the AG to amend the Civil Service Act 23:01 and the Industrial Relations Act Chapter 88:01 “to reflect the necessary changes for the effective functioning of the special tribunal and the ESD.”

This amendment would also ensure compliance with the Privy Council’s ruling, he said.

“The Privy Council opined that the Special Tribunal had lost sight of the principles of impartiality and neutrality that should govern its conduct as a judicial body,” Richardson said.

“Consequently, the matter was referred back to the Special Tribunal for a fresh hearing, stipulating that no individual involved in the original decision or the decision to appeal should be part of the matter.”

Richardson told Newsday that apart from the office of the AG acknowledging receiving the letter, there was no further correspondence up to September 9.

Earlier in the year, he called on ESD’s chairman to resign over the Privy Council’s dismissal.

In the letter, Richardson said the chairman of the special tribunal is the only remaining judge from the panel that decided to appeal.

“The current legislation does not provide for a vice-chairman to sit in the chairman’s absence. It is crucial to note that the quorum of the special tribunal is incomplete without the chairman, and no other judge can deputise for the chairman,” Richardson said.

He added that there are provisions in law for acting appointments for the President, Prime Minister, Chief Justice and president of the Industrial Court, among other notable office holders.

“But there are no such provisions for the absence of the Special Tribunal chairman for whatever reason, be it unavailability due to illness or if the chairman is subject to a criminal charge,” Richardson said.

Also, he said, “According to our research there are no provisions for recusal if the chairman has an interest in a matter before the tribunal, or is unavailable due to serious illness, or faces a criminal charge.”

He charged that the Industrial Court president has no authority over the tribunal, adding, “We submit that the president of the Industrial Court should have jurisdiction over the Special Tribunal and the ESD. Additionally, a vice president of the ESD should be appointed.”

This vice president would serve as chairman whenever the chairman is unavailable, ensuring there was a quorum and that justice was not delayed.

He said it appeared the tribunal chairman holds more power than the Industrial Court president, which he considered an absurdity that must be addressed and remedied.

“It is our respectful opinion that there must be urgency attached to our recommendations, as failure to take decisive action can be perceived as the government’s refusal to adhere to the directives of our nation’s final appellate court, the Privy Council,” Richardson said.

“The retrenched officers at RBC deserve to have their matter listed and heard expeditiously.”

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