COURTNEY McNISH, one of the foremost industrial relations consultants in Trinidad and Tobago, hit the nail on the head when he stated in a July 13 newspaper column: ‘Why is it that only someone defined as a worker (in the IRA) can go to the Industrial Court?’ McNish has raised a very valid point and is very correct because of several underlying reasons.

In modern times, many examples can be found of judicial recognition of the constitutional right of unimpeded access to the court (Lord Ziplock re Attorney General v Times Newspapers Ltd (1974) AC 273, 310). It is established that a right of every (man) is that of applying to the courts of justice for redress of injuries. Since the law is in England the supreme arbiter of every man’s life, liberty and property, courts of justice must at all times be open to the subject and the law be duly administered therein. (Book 1, Chapter 1, Absolute Rights of Individuals.)

As a layman, I have found that there are several aspects of the current Industrial Relations Act which are injurious to our society and opposed to the country’s Constitution. The Ministry of Labour, from what I can determine, must always be available to hear a dispute after six months and refer it. And if the relevant parties cannot agree, then no one should have the right to stop the matter from being referred to the Industrial Court. The minister ought not to cross the line of separation of powers and act as a judge in the matter to prevent such access, according to several Privy Council judgments I have read.

I have also seen judgments in T&T where the High Court has referred matters to the Industrial Court (IC) as the court fit for making judgments on industrial/ worker disputes. This is quite correct because the IC has all the relevant history and previous judgments to make proper determinations, unlike the Supreme Court. No one can convince me that between the two courts a person seeking justice in an employment dispute should ever, ever be denied. McNish is very right in many of his observations and he should be complimented for bringing several related labour issues in print for public edification. I am sending this response to the other newspapers to alert the public and all workers of their constitutional rights of judicial referral.

Peter S Moralles