practice area articles
Trinidad and Tobago
By Marjorie Nunez and Karen Nunez-Tesheira
Back to International Employment Law
KEY DEVELOPMENTS FOR 2020
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.