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Trinidad and Tobago

February 08, 2021

By Marjorie Nunez and Karen Nunez-Tesheira

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Trinidad and tobago

KEY DEVELOPMENTS FOR 2020


 

Retirement Benefits

Retirement benefits may be paid to employees in cases where no such provision has been made. There is a need for legislative guidelines in relation to the retirement ages for men and women and this is expected in 2021.


 

Compliance with due process under the Industrial Relations Act

Under the Industrial Relations Act, employers must comply with due process, which is the legal right to be heard in cases of termination/retrenchment. Failure to do so may result in the Court awarding damages to the employee, even if the employee has otherwise been adequately compensated throughout their employment. Further guidance on this can be found in the Retrenchment and Severance Benefits Act.


 

COVID-19 related terminations

Terminations as a result of the COVID-19 pandemic are likely to be challenged, regardless of whether they are based on the frustration argument, as Unions may argue that the pandemic is just being used as an excuse to close businesses and re-open with new employees in order to avoid successorship claims.

With thanks to Marjorie Nunez and Karen Nunez-Tesheira of Nunez & Co. for their invaluable collaboration on this update.

Contributors

Image: Suzanne Horne
Suzanne Horne
Partner, Employment Law Department
Image: Kirsty Devine
Kirsty Devine
Associate, Employment Law Department
Image: Aashna Parekh
Aashna Parekh
Associate, Employment Law Department