Can I be fired without a reason in Trinidad and Tobago?

What the contract allows

"[A]t common law, unless otherwise agreed an employer can terminate an employee's contract by notice for a good reason, a bad reason, or no reason at all" (Dean v Bahamas Power & Light [2024] UKPC 20 [42], a Privy Council appeal from The Bahamas stating the common law). The notice is what the contract says or, if it is silent, reasonable notice; pay in lieu is allowed where the contract provides for it ([41]). Under the contract, the reason matters only where the employer dismisses without notice, for gross misconduct ([42]).

Too little notice gives a claim for wrongful dismissal in the civil courts, which must be brought within 4 years of the dismissal (Limitation of Certain Actions Act (Chapter 7:09), s 3(1)(a)). Damages are "based on the period of notice which should have been given" ([41]). The claim does not depend on being a "worker" under the Industrial Relations Act (Chapter 88:01).

Public officers, including teachers in the Teaching Service and police officers, are different: the power to remove them lies with a service commission (for most, the Public Service Commission or the Teaching Service Commission) or, for most police officers, the Commissioner of Police, under the Constitution. This page does not deal with them.

The Industrial Court's test

For a "worker", the Industrial Court may also order reinstatement, re-employment or compensation where, "in the opinion of the Court, a worker has been dismissed in circumstances that are harsh and oppressive or not in accordance with the principles of good industrial relations practice" (Industrial Relations Act, s 10(4), (5)). Compensation is what the Court finds "fair and appropriate", and is not limited to notice pay (s 10(5)).

In one undefended case, a worker earning TT$32,500 a month was dismissed about six months after he started. The Industrial Court found the dismissal contrary to good industrial relations practice because he was displaced "after six months without there being any charge, trial or chance of being heard", and awarded TT$750,000. The Court of Appeal dismissed an appeal about the salary figure only (Bhagwansingh's Hardware and Steel Industries Ltd v Advocate Trade Union (CA T&T, 24 May 2024) [4], [7], [13], [31]). Dismissing a worker without first putting the complaint to him and hearing him risks such a finding.

Who counts as a "worker"

A "worker" is, broadly, anyone working under a contract "for hire or reward", written, oral or implied, and an "employer" is "a person who employs a worker", so small businesses are covered (s 2(1)). The Act excludes (s 2(3)):

• public officers;
• the Defence Force, the Police, Fire and Prison Services, municipal police, and rural and estate constables;
• the Teaching Service, and university and other higher-education teaching staff;
• Central Bank staff;
• anyone the Registration Recognition and Certification Board considers responsible for policy or for controlling a department, or to have "an effective voice in the formulation of policy";
• domestic staff at a private home "paid by the householder";
• apprentices under the Industrial Training Act.

A "manager" title alone excludes no one.

Reaching the Industrial Court

Under the Industrial Relations Act a worker cannot report a dismissal dispute personally (the exceptions are in the last section). Only the employer, the recognised majority union or, where there is none, a trade union of which the worker is a member "in good standing" may report it to the Minister of Labour (s 51(1)).

The 6-month limit. A dispute may not be reported "if more than six months have elapsed since the issue giving rise to the dispute first arose", unless the Minister extends the time "where he considers it just" (s 51(3)).

If conciliation fails, the dispute can then go to the Industrial Court (s 59).

A non-unionised employee therefore needs the recognised majority union to act or, where there is none, must join a union and meet the Act's conditions for good standing, including, broadly, an entrance fee and 8 weeks' continuous paid contributions (ss 34(3)(b), 51(1)(c), 51(6)).

Protections that need no union

• Pregnancy. An employee dismissed "on the ground of pregnancy or on any ground relating to pregnancy" may herself report it to the Minister as a trade dispute (Maternity Protection Act (Chapter 45:57), s 12(1)). This includes public officers and domestic employees (s 4). To be safe, report it within 6 months of the dismissal (Industrial Relations Act, s 51(3)).
• Discrimination. Dismissal because of sex, race, ethnicity, origin, religion, marital status or disability is prohibited, with limited exceptions (Equal Opportunity Act (Chapter 22:03), ss 3, 5, 9, 11–14). Lodge a written complaint with the Equal Opportunity Commission within 6 months of the dismissal. The Commission may accept a later complaint "in exceptional circumstances" (s 30).
• Minimum wage. A worker dismissed for refusing terms below a Minimum Wages Order may complain in writing to the employer and, if it is not put right within 14 days, report it to the Minister personally. Dismissing a worker only for complaining that an Order was not complied with is also prohibited (Minimum Wages Act (Chapter 88:04), ss 22B, 22C).
• Safety. The Occupational Safety and Health Act (Chapter 88:08), which covers workplaces other than premises used only as a home (ss 4, 5(1)), bars dismissing a worker because he complied with it, sought its enforcement, observed the employer's procedures or gave evidence (s 20A). The worker may seek redress from the Industrial Court (ss 4(1), 83A). Act promptly, as time limits may apply.