Religion v Rights: should homosexual activity continue to be illegal in T&T?

Saturday, 8 November 2014

Tuesday, 4 November 2014

Salary and benefit payments during business closure

Q: If a business is closing down and I am about to go on maternity leave do they still have to pay me as well as I have two weeks’ vacation pending do they have to pay me for that as well?

A: You have to receive your salary/wages as long as they can afford it. This all depends on how the business is closing down and then the priority of debt payments. There are a few terms involved in this process; i.e. insolvency (compulsory or voluntary), receivership, liquidation, bankruptcy and administration. So it depends on the category which the company falls under when closing down.

Salaries have secondary priority to the government debts (taxes, NIS, etc.). According to the Companies Act 1995, as amended-s.435(1)(b):
all wages or salary (whether or not earned wholly or in part by way of commission or for time or piece work) of any employee, not being a director, in respect of services rendered to the company during four months next before the relevant date;

Bankruptcy & Insolvency
If the company is bankrupt, wages have 4th place priority according to The Bankruptcy and Insolvency Act, 2006 - s.127(d):
excluding severance, claims for wages, salaries, commissions or compensation of any employee for services rendered during the six months immediately preceding the bankruptcy, together with disbursements properly incurred by a traveling salesman in and about the bankrupt’s business, during the same period, so as not to exceed such amount as may be prescribed by Order in each case;

The law is not explicit as to whether unused vacation and maternity leave are included in debt payments, but it's a unique matter that I would love to put to the test.  

Friday, 31 October 2014

Law students: How to specialise in an area of law

Q: How do I specialize in a specific area of law?

A: In law school we're taught all of the main subjects, but specializing in one or two areas is a great thing because it makes you a Master in that field. This can be done in 4 ways (all of these are what I did):

v  Do a first degree in your chosen area before doing the Graduate LL.B./G.D.L./C.P.E. (In America I started off doing business… back when Corporate law was my focus, but after moving to London, I identified a niche area to bring back home)

v  Do specific electives during the LL.B./G.D.L./C.P.E. (I finished my business degree and went to law school and began to focus on employment law)

v  Do a Master's degree in the area (I also did modules in Human Rights and Immigration as they both relate to Employment)

v  Focus your legal career on your specific area(s) (I started a boutique consulting firm that focuses only on Employment issues

I don't trust lawyers who claim that they do everything... recently, an employment matter came to me where after taking $40,000 from his clients to send 4 letters, this south lawyer told the clients that he did not know what next to do beyond sending those letters. 99% of lawyers give the rest a bad name. 

Any Lawyer can choose to specialize in any of the following areas:
  • Administrative law
  • Advertising law (a real niche that needs someone in Trinidad and Tobago)
  • Animal law
  • Antitrust law (or competition law)
  • Aviation law
  • Banking law
  • Business law (or commercial law); also commercial litigation
  • Communications law
  • Constitutional law
  • Construction law
  • Consumer law
  • Contract law
  • Copyright law
  • Corporate law (or company law), also corporate compliance law and corporate governance law
  • Criminal law
  • Cyber law
  • Employment law 
  • Energy law
  • Entertainment law
  • Environmental law
  • Family law
  • Human rights law
  • Immigration law
  • Insurance law
  • Intellectual property law
  • International law
  • Labour law
  • Land Law
  • Maritime law
  • Military law
  • Juvenile law
  • Music law
  • Patent law
  • Poverty law
  • Privacy law
  • Sports law
  • Tax law
  • Tort law
  • Trademark law