Saturday, 3 March 2012

Employment Rights: Wrongful Dismissal

Q: Can I be fired with immediate effect?


A: Part 2

An employer can terminate an employee's contract at any time for any legitimate reason, provided that they give the employee reasonable notice or compensation in lieu of reasonable notice. This means that the employee must be given minimum notice equivalent to the pay period; i.e., a weekly paid worker would require 1-2 weeks* and a monthly paid employee would require 3-4 or more* depending on the length of service. The employer also has the option of firing this employee on the spot and paying them for the notice period.

Wrongful Dismissal involves a breach of contract or the law regarding the contract as stated above. In other words, the "wrongful" is only associated with the WAY in which the employee was terminated, not the REASON for the termination.

Wrongful dismissal occurs when an employee is dismissed without notice; too short notice; contrary to the terms in the employment contract; or when "a worker has been dismissed in circumstances that are harsh and oppressive or not in accordance with the principles of good industrial relations practice", according to Section 10(5) of the Industrial Relations Act 1972, as amended.


*N.B. - A shorter notice period may be used if it can be justified.

There is NO QUALIFYING PERIOD for Wrongful Dismissal, so an employee can bring a claim for this at anytime during employment. 

503 comments:

1 – 200 of 503   Newer›   Newest»
Anonymous said...

Is it 45 days or 30 days if only one worker is terminated....RSB Act I believe applies the 45 day rule to a certain number of workers.
Thanks and keep up the good work!

Anonymous said...

Can an employer suspend a worker with no pay?

Anonymous said...

Not everyone being dismissed can rely on the Act stated above as this is limited to Retrenchment. If someone was just given a month's notice into their third contract with the company for reason being incompetence, what is your advice on that? Is that resaonable notice? I am of the opinion that it is not

Trinbago Rights said...

Unfortunately, your opinion is not law. That month's notice is sufficient in the eyes of the law.

Trinbago Rights said...

For the right reason(s), yes.

Anonymous said...

Can a Barbadian work in Trinidad and Tobago with rights to a union representative?

Anonymous said...

Can a employee be dismissed for allegation of fighting without an investigation? And if not what is the next move the employee should take?

Trinbago Rights said...

As long as your employment is legal, of course.

Trinbago Rights said...

Fighting is gross misconduct, so yes, the employee can be fired.

Anonymous said...

Can an employer give an employee one week notice for a drop in salary and can an employer tell an employee when and how to take your holidays.

Anonymous said...

what are the laws about victimazion on the job site

Trinbago Rights said...

Victimization falls under discrimination, so the same laws apply.

Trinbago Rights said...

There are no laws regarding the length of the notice period, but the industry standard is at least one pay period.

kevin said...

if i am sick and went to the doctor and i obtain a sick leave does my employer has the right not to pay me for the days . i am worker for private sector contractor in the oilfields

Trinbago Rights said...

The law on sick leave in T&T only gives clear rights to minimum wage workers.

I'm sure you don't fall into that category, so only your contract can answer that question. What does it say about sick leave?

kevin said...

Q:if i work for a private contracted company contracted by an oil company and i have worked for over eight years and now the private contractor decided because worked has slow down a bit and a re deciding to send a few person home i would like to know if i would be entitle to any retrenched package or any other benefits please let me know

Anonymous said...

If a worker is employed on a year to year contract basis which states that the contract may be renewed if the worker's performance is satisfactory, would the company be acting appropriately if it serves a notice to the worker five days before the renewal date stating that his contract would not be renewed without being given a reason or, advance notice that his performance is not up to company standard?

Trinbago Rights said...

When a fixed-term contract ends, the employer is not obligated to renew. The giving of a reason is not necessary from the employer unless you explicitly ask, after which he/she will have 14 days to respond in writing.

Trinbago Rights said...

Absolutely! See post on retrenchment benefits

Anonymous said...

Can the employee be terminated for using profanity in the work place were that is the normal.

Trinbago Rights said...

Although it may be "normal" at your job, I believe the use of it at that time was inappropriate. Obscene language always falls under gross misconduct and you can be fired on the spot.

Anonymous said...

Hi I work in a privately owned company,if an employee has been employeed for 5-6yrs never had a break in service in his first 4yrs, (not min wage), but sent home for 3 wks and given the reason things are slow. However employees hired after him are kept on in this period. Does this person has any rights to take action against those employers?

Anonymous said...

Does private companies in trinidad who have employees working for above minimum wage have any rights according to the laws of trinidad or can employers just do as they please and dictate any rule and state it is company policy, such as work time, vacation , etc.
Also can you advise me if there are any coverage for workers in private owned firms under the laws of trinidad and Tobago to assist them in any issues they may encounter such as otime/termination/hours/brak in service etc.

Trinbago Rights said...

There aren't many codified labour laws in Trinidad and Tobago, but there are industry standards, some of which are based on UK law.

Termination has a procedure (see my posts on dismissals). Working hours, including overtime, are covered in the Minimum Wage Act to a certain extent.

Paid vacation in Trinidad and Tobago is based on "industry standards", which basically means that there is a norm, but it's not law. Why isn't it law? I'm still baffled.

Trinbago Rights said...

That sounds like retrenchment to me... did you receive any payments? If not, you should.

Were you the only person laid off? If that's the case, you may have a chance to take action.

Anonymous said...

to answer the question -I was not paid anything but given the last salary I worked for , also I was the only employee sent home,.They said i would be able to return to work after 3 wks, I went to the labour office and they told me that I have no right which confused me, I am confused as to my rights and where I should seek advice and assistance can you please guide me .

Donna said...

Hello Trinbago Rights. This is a good site you have set up here for the voiceless. Just wanted to add that in Trinidad and Tobago employees are free to join unions to deal with issues such as those raised by the last writer. Additionally, based on judgments from the Industrial Court as well as tenets from the Master-Servant Act, employers cannot treat employees as they well please. Employee relations in Trinidad and Tobago are based moreso on principles and practices of good industrial relations than law as we know it.

stitch626 said...

can a permanent worker for a state board get dismissed because of asthma ?

stitch626 said...

can a permanent worker for a state board get dismissed because of lack of qualification (did not lie about qualifications on application)?

Trinbago Rights said...

Of course one can get dismissed for lack of qualifications.

Trinbago Rights said...

Is this a serious question?

kevin said...

i work for a private company that work directly for and oil company but my employer states that only the office employee's are entitle to be paid for a public holidays if they do not work an those day but other employee's like riggers and pipe workers that work for the same company states that if we do not work on the holiday's we do not get paid for it and only if we work on the holiday's we get double for it .advice me pls thank you and keep up the good you are doing

Anonymous said...

I was told by an employer that he does not pay NIS until you have been on the job for at least three months, what is penalty for nonpayment of NIS

Trinbago Rights said...

Employer has to apply for employees' National Insurance Number within 14 days of hiring.

Non-compliance can result in a TT$5000.00 fine.

Trinbago Rights said...

Public holiday pay is left up to the respective company to decide. So if that's their policy, I can't comment. All I can say is that it's legal.

Anonymous said...

I have worked for a company for the past 18 mths. Private company and according to that company I am permanent. I work for a standard monthly pay, but if I miss a day it is deducted. Should that not be casual day?

Anonymous said...

if your probationary period of six months has passed and no appraisal was done and no confirmation letter was received are you considered legally a permanent employee?

Trinbago Rights said...

Many people do not know that probationary periods are not part of employment law. They are tools used by Managers to ensure that they get the best out of new employees.

If you were hired under a permanent contract of employment "pending successful completion of your probationary period", you were always a permanent employee. You can be fired within the first 12 months, probation or not, unless it deals with discrimination.

Employees on "probation" have the SAME rights as every other employee.

Anonymous said...

can someone who has resigned after 27 years working with an NGO get any compensation?

Trinbago Rights said...

"Resign" suggests that that person left willingly, so why should there be compensation?

Enigma said...

Can an employee be forced to take his vacation because of an injury suffered at the work place? if not can you direct me to the applicable legislation.

Trinbago Rights said...

Absolutely not!

That employee should be on sick leave (not to be taken from his/her allowance) and Worker's Compensation should be on the forefront.

Anonymous said...

if someone is working for a company for ten years (10)and there is no written policy on how to do something but to call their supervisor and follow their instruction. the employee was given an instruction and took the supervisor one month to report it to the boss and now the boss is accusing the employee misconduct and the supervisor is not saying anything can the employee fired for this, if so what kind of dismissal would this be.

Trinbago Rights said...

It's difficult for me to read and understand questions not written in standard English.

Anonymous said...

Can an employer have employees sign a contract for a certain period of time if they are being sent on training for the benefit of the company. in the contract states that if they should leave the company prior to the stipulated time, the amount of the training will be deducted from their salaries with no set payment plans.

Trinbago Rights said...

Of course an employer can't do something like that! The unfair deduction of wages if illegal. If the training is for the company, there is no way that employer would be able to get away with doing something so morally and legally wrong.

Trinbago Rights said...

Did you not show up or did you call in sick?

"Casual day" is not an entitlement or a right, that's simply an employer being nice.

Anonymous said...

In a private entity company, can they accumulate minutes into hours into days to deduct from a permanent monthly paid employee, bearing in mind the limited staff and the tremendous amount of multi-tasking of each current employee.

Trinbago Rights said...

If the contract states a fixed salary, the employer cannot do that. That is considered to be an unlawful deduction of wages.

Anonymous said...

my sick leave days are up due to surgery.took 10 days of vacation leave.Unfortunately still unwell.my employer says that i have breached my contract since i brought in a fit for work, came to work for one day and could not make it out to work for the rest of the week.my doctor gave me a month off. The sick leave they are in possession of.Is this right? Have i breached my contract?

Trinbago Rights said...

There is no breach of contract for being sick, that's stupid of your employer to even say. They have to give you the time off, but it's up to them to determine how many days they pay you for, after which you'll be on unpaid sick leave.

Anonymous said...

after working for a private company for a month i was dismissed but not paid forthwith. It has been 7 days now and i still have not been paid for the month that i worked, but neither has any other staff. My question is, is that legal and if not what are my options

Trinbago Rights said...

There is no law regarding this in T&T, but in the UK, in the least favourable scenario, employees should be paid within 72 hours.

You should write a letter requesting your salary, or if you want it to have some teeth, I can write it for you.

Anonymous said...

what recourse does an employee have if terminated for suspicion of or proven (by means of a test) drug use IF the employee claims that the use has never affected job functions and in fact has received a commendable evaluation report every year since employed.

Anonymous said...

I have worked for a company for the past three years. i have transfered from one department to the other as it better suited my degree. my contract ends in two weeks and no one has said anything to me about it. my boss has been bullying employees for years now mostly the males and he uses our contracts as leverage if we don't suck up we don't get renewed he has also said many incriminating things about himself. what are my rights as of now. i am a female by the way he verbally told me after surgical leave that i have a stink ass attitude and he not renewing my contract and tried to get me fired.

Trinbago Rights said...

If he decides not to renew your contract because of your attitude, that's his prerogative. All he has to say is that you were insurbordinate.

Anonymous said...

Can an employer ask an employee to forfeit their right to notice of termination in their contract? And I have worked for 8 yrs with a company and got 3wks vacation today my boss sent out a memo stating that he is no longer giving us who worked over 6 yrs and over 3 wks vacation but 2wks with one wk extra in pay. Can they do that since we started it effective immediately?

Trinbago Rights said...

If you have a written contract, all changes must be agreed upon. An employer cannot unilaterally alter a contract; it is illegal.

Trinbago Rights said...

None really. If the drug testing was random, then it probably did affect your work and your employer wanted to make sure.

Anonymous said...

what is the working hours example working in a storeis it more than 40 hours.

Trinbago Rights said...

This was dealt with in my most recent post.

Anonymous said...

Hey my mom got fired from her work without any notice two months a back........can she still go and report it to te labour office

Anonymous said...

hi many fellow employees and myself are having some serious issues at our place of work,
it is a government owned private sector company,
many of us have not been issued contracts for many years but also have not been made permanent.
i myself have just completed 6 years for the company and the last contract i signed was 4 years ago retroactively for the previous 6 months. is this legal? they are also now forcing people to sign contracts to get there promotion.

Trinbago Rights said...

You don't need a contract to confirm your permanence. Your time working there speaks clearly. All your rights are in tact, so have no fear. If they're forcing you to sign, sign it, but only after you ensure that there is nothing detrimental to you or your colleagues. If you'd like me to check this for you, it can be done for a minimal fee.

Don't worry about this situation. With 6 years service, any unfair or wrongful dismissal will be met with the full brunt of the law. Employment law is my speciality.

Anonymous said...

I work in a private company in the oil field. Does the employer have the right to change, assign or reassign duties and responsibilities at anytime or for any reason?

Anonymous said...

I Have been employ with a goverment office since 2000.First on a one year contract for 3years, was then sent home for a year. Then came back for a 3years contract in 2006 for 6years, without a break in service I went first on 6months to 3months contract.Would like to know do have any right becausei been told that as a short-term employee i can even get a day off.

Trinbago Rights said...

You're not a short-term employee. You've been working for over 6 years continuously, so you are considered to be a permanent employee, despite what the contracts attempt to show. The contracts are what the courts call "sham" contracts, which attempt to hide the true nature of the employment relationship.

Trinbago Rights said...

No. The case of Land Securities Trillium v Thornley (2005) made that very clear.

It can be done only if it is a business requirement (restructuring).

Anonymous said...

if u have been given one month's notice and your employer suddenly dismisses you and tells u to leave the premises 12 days before the end of the notice, without just reason stating that the one month notice wasn't necessary, what should the employee do next?

Trinbago Rights said...

That can only happen if the employer pays the employee for those 12 days.

Anonymous said...

I would like to seek legal advice as how to go about getting my 12 days' pay. Can you help? Also, can i seek legal action for this unfair/wrongful dismissal as no meeting was called and nothing in writing was given? Please advise accordingly.

Trinbago Rights said...

Send me a private e-mail. Look for it in "About me"

concerned said...

if the company you work for moves from one location to another what are the rights of the employees

Trinbago Rights said...

If the company is re-locating, it's obviously for a positive business reason; so either you move with them or get left behind.

Tbunny said...

if i made a mistake on a job , send an approval email and no one checked it for mistakes. Am i liable to reimburse the company?

Anonymous said...

i Have been working for a 3rd party oil field employer for over 18mths. What are my rights to vacation & sick leave.

Am i automatically permanent because of the length of my unbroken service??

Trinbago Rights said...

I need more details than that. Send a private email.

Anonymous said...

are employees of private enterprises entiltled to paid vacation? an if yes, which law states such?

Anonymous said...

I have been working for a private school for three years. I recently discovered that I am allergic to the chalk. My contract ended and I have started back work and there have been no mention of a renewal. I got another job offer where I would be away fron the chalk environment. Do I still have to give my current employer notice before I leave?

Trinbago Rights said...

Giving notice is the decent thing to do, but under these circumstances, where your well-being is at stake, it won't be necessary.

If you can, do it, because you don't want to burn your bridges.

Trinbago Rights said...

EVERY employee in Trinidad and Tobago is entitled to paid vacation. It is industry standard and also mentioned in the Minimum Wages (Shop Assistants) Order.

Trinbago Rights said...

The amount of vacation and sick leave are left up to the employer in T&T, unfortunately. Vacation should not be less than 14 days (10 working days) per year.

You are automatically permanent and can rely on all the rights and enjoy all the benefits that come with that.

Anonymous said...

Is there a law on how to calculate a daily rate from a monthly salary? I know that the SWRHA multiplies the salary by 12(number of months in the year) and then divides that figure by 365(number of days in the year). Is this the accepted standard or law? I work for a private contractor but instead of dividing the yearly earnings by 365, they divide it by 260(number of working days in the year) which gives a higher daily rate. I had worked for this company for 1yr 5mnths before I resigned because my employers refused to do my 1yr appraisal which was stated in my contract. After being asked numerous times, I finally went back to work 3 months later and have not made the stipulated 6mnths to qualify for paid leave. I am concerned that the employer is calculating the daily rate incorrectly and deducting too much from my salary.

cooper said...

i am working for a private company and made one year and they want to give me one week vocation can they do that.

Trinbago Rights said...

Absolutely not, the law says 2 weeks and the accepted industry standard for professionals is 10 working days.

Trinbago Rights said...

Well it was silly to leave because they didn't do your appraisal; something's missing from that story.

If an employee works 5 days a week, the "working day" calculation seems fair; there is no law.

Anonymous said...

Can a case be built for constuctive dismissal in Trinidad

Trinbago Rights said...

With me building it... OF COURSE!

drlc said...

how long do you have to work for a company before you could be considered permanent, i have worked for one yr + without a break.

Trinbago Rights said...

12 months... you qualify for all rights just as permanent employees now.

Anonymous said...

Good Day to you, Can a privately owned company in Trinidad garnish the staff wages when there has been a theft and perpetrators unknown? If you need more details i can supply same.

Ravi Ramoutar said...

I am employed by a private company and my boss is telling me I'm not for the company because I didn't work a holiday and seeing that I'm not for the company I won't be entitled to company benefits such as medical. I have been with them for two years and my agreement was to work Monday to Saturday off on a Sunday and holiday byt if I work a Sunday I get a day off in the week.

Trinbago Rights said...

I don't understand what you mean by "not for the company".

Trinbago Rights said...

Salary deductions cannot be made without the employee agreeing to them. If the thief/thieves are unknown, an employer cannot deduct from innocent employees; that is indubitably an unlawful deduction.

Anonymous said...

Can I fire a manager who is off on maternity leave? The reason is non-performance.

Trinbago Rights said...

Only if you want to be sued.

Anonymous said...

Hi, my employer told me that I have to work overtime and that it is not optional. Is that true?

Trinbago Rights said...

Of course that's not true. The law says 40 hours, anything over that must be (1) agreed upon and (2) compensated (extra day off or extra pay)

Anonymous said...

If your boss does not say "Mr. X, I would like you to complete so and so by this day" but instead says 'I hope that we can complete these tasks before the weekend' (in a room filled with three people), does this constitute a direct order ? And therefore if Mr. X does not do the work, get a letter of insubordination?

Anonymous said...

Is there any legal action that can be taken against a company for late payment of salaries?

Anonymous said...

Which employees are considered essential staff services? I work for UWI and every year for Christmas we're given a week off with pay except for essential staff. Departments are asked to make arrangements to operate a skeleton staff for essential staff services. What kind of workers would fall under that category?

Ravi Ramoutar said...

Seeing that how I don't work on holidays and Sundays. I should work on call and go where ever they send me jo questions ask

Trinbago Rights said...

Late payment can amount to unlawful deduction. However, I would not advise legal action; I would suggest writing a letter and trying to understand what's wrong. I'll be happy to write this letter on your behalf.

Trinbago Rights said...

A letter of insubordination seems excessive, but I can't say if it was a direct order or not because I wasn't present.

Anonymous said...

GREAT JOB

Anonymous said...

Would the company be allowed to dedeuct from one's salary if they pay late and the employee is unable to report for work as a result of limited funding? Also can a strong case be made for employees who incur penalties for late loan payments because of late salary? What will be the next step following the letter?

Trinbago Rights said...

We can fight the first issue, but the loan payment is entirely your responsibility.

Anonymous said...

I am employed for the past six years with a private international company as a permanent part-time employee with a guaranteed 4 working hours per day. I have 2 consecutive days off after working 5 days consecutively. Can my employer direct me that I have to work 8 hours or more per day without my consent? Or should the employer enquire of me if I can work 8 hours or more per day? Can I refuse to work more than 4 hours per day without being dismissed?

Anonymous said...

could persons be employed anywhere while receiving a pension from a state utility company??

Anonymous said...

If an employee retire their work as injured, could they still take up employment elsewhere while receiving injury benefits from their previous employ??

Anonymous said...

Hi, I have been employed with TSTT for the past 4yrs and have been on contract ever since. There has never been any breaks in my contract. Now i have read that once an employee has worked 9 months continuous are should be made permenant. My question is do I have a case against the company and should I pursue this further with the union or will I be making things bad for my self?

Trinbago Rights said...

I know many people who do.

Trinbago Rights said...

If discovered, the injury benefits can be withdrawn, PLUS you can be asked to repay all monies obtained by the fraud.

Anonymous said...

if an employee stay home for nine days after there father pass away, call there supervisor but that supervisor did not contact management on the issue, so management did not know the reason why the employee stay away from home. Could that employee be dismiss without any notice or pay.

Anonymous said...

What is the law concerning the amount of time the employer has to pay the worker severance benefits...from the actual day of termination?

Anonymous said...

Recently I received a retroactive payment from my employer (government). Almost four weeks later the HR Manager call me to her office and told me that I was overpaid on my retroactive payment. A letter was issued to me which stated that I was overpaid and would have to pay it back in 4 working days. After 3 working days I received my payslip and the stated amout of overpayment was deducted from my salary, which I did not consent to. A breakdown of the reatroactive payment was not issued, therefore there was no baseline to show whether I was overpaid or underpaid for that matter. How can I redress this matter,

Trinbago Rights said...

That was an unlawful deduction because nothing was agreed upon and nothing was even reflected on your payslip. Your first step should be to put this in writing.

Trinbago Rights said...

Absolutely not!

Anonymous said...

I am a contract worker currently employed at a Local Gov't institution, I have been employed on a three month contractual basis since June 2011. On my contract, I am not given/allowed any sick days, compensatory days or paid vacation. I am also not allowed any overtime pay. My contract dictates working hours of 8am-4:15pm on Mondays to Fridays. On many occasions I have found myself in work on Saturdays, as such I recently wrote a letter to my boss requesting (not demanding) payment for working until 6pm on a Saturday past. I am now being referred to as disrespectful and as such my employment has been threatened. According to my contract, the agreement can be terminated by either party by the giving of one weeks notice, except under the following circumstances: Gross misconduct or any act of dishonesty. With all this information in mind, is there any legal way I can address this matter?

Trinbago Rights said...

If your 3-month rolling contracts have no been broken by more than 21 days, you have been a permanent employee for the past 2 years. Most people don't know this until they come to me (employment law is my specialty).

You are entitled to your sick leave, your paid vacation and considering that you've been working for so long, you cannot be fired without a month's notice. That contract is irrelevant in court.

That practice is harsh and oppressive and you have to stand up for your rights. You can do it alone, or I can stand in your corner with you.

Trinbago Rights said...

Thirty days after the expiration of the notice, according to s.22 Retrenchment and Severance Benefits Act: Act No. 32 of 1985

Trinbago Rights said...

Where did you read that an employee becomes permanent after 9 continuous months?

Trinbago Rights said...

Does your contract make any provisions for working more than 4?

Anonymous said...

hi, thanks very much for answering these questions as accurately as possible. This is my issue;

I was employed on a probationary period of 6 months, at the closing of my probationary period, I was not given a proper performance appraisal, which is following the companies Managerial Appraisal Form and the procedure in the company's hand book. I was then offered a 3 month extension on my probation which I did not accept and asked for 2 days to contemplate accepting this. Also to appeal to someone higher for a proper appraisal. My manager agreed to give me 2 days. the following day, I received a termination letter via email, when I called my Manager he refused to listen to me and hung up.

I was able to get a meeting with the CEO and he agreed that the matter was dealt with poorly by my Manager, but could not reinstate me in my position. My question is do I have a case?

Anonymous said...

hello i am kevin and i work for a contractor who carry out functions for an oil company but my employer has me starts work from 7 am till 4 pm and told me that i will only be paid for 8 hours only which is that i don't get paid for my lunch hour could you tell me if that's ok ?

Trinbago Rights said...

That's fine.

Anonymous said...

Good day, I work in the private sector and my company decide they want to close for the the christmas period wihich is 1 week, is it lawful for my employer to force every employee to take this as their vacation leave?

Trinbago Rights said...

Yes... this is very common.

Anonymous said...

Hi,
I would like to know if an employee who has been working for a private company over the past 20 years can be dismiss from work if they stay home without notifying the Company?

RASHEDA said...

Hi, is it right of the employer to demand that any employee who stays away from work on a Friday to remain absent on the Saturday? it happened to my husband: he stayed away from work on a Friday and when he showed up for work the next day which was the Saturday, the boss said " when you stay home on a Friday, don't bother to work the Saturday". My husband thought that rule applies for the next time he stayed home on a Friday. So, my husband worked the Saturday as normal. When he got his payslip the following week, he was not paid for the Saturday's work and it came in as absent. Please advise us if there is anything he can do to resolve this matter.

Trinbago Rights said...

If that policy isn't written anywhere, then it is an unlawful deduction of salary. A letter from yourself, me, or any Lawyer can get that resolved.

Trinbago Rights said...

Of course, you can't just stay home without saying anything.

Anonymous said...

I am an employer and I recently suspended two workers without pay for 3 weeks for gossiping about me and another manager in front of our clients. These clients reported the incident because it made the business look unprofessional and also, the workers didn't attend to them while they were gossiping. Can legal action be taken against my firm?

Trinbago Rights said...

I need to see the letter you gave the employees. E-mail me.

Anonymous said...

I work in the private sector. My employer says if I take more than 4 days sick leave within a 3 monnth period it would be considered excessive. Is this TRUE. Can I be disciplined?

Anonymous said...

I got laid off after two and a half months of working. Would I be entitled to severance pay?

Trinbago Rights said...

I mis-read your question initially...

Redundancy requires 12 months of continuous employment to qualify.

Trinbago Rights said...

It can be excessive, but that's me talking without knowing what the company's policy on such is.

Trinbago Rights said...

Of course... this is clear-cut wrongful dismissal. You should definitely take this to court.

Send me a private e-mail.

Anonymous said...

I understand that the subject in matter here is in concern with dismissal and topics related, however, my question relates to an employee resigning from a company; I understand that every company has their own policies and would prefer one month's notice when an employee is resigning, but if that one month cannot be given and only one week instead, does the company reserve that one month right?Can the company force someone to stay for that month according to labour laws relating to the subject(if any)?
I know this question is a bit redundant with the fact that many have resigned with immediate effect from companies,including that of the private sector.However, i am curious for the sake of my own knowledge.

Thank you in advance as i kindly await your response.

Trinbago Rights said...

"Can the company force someone to stay for that month...?"

Absolutely not.

Anonymous said...

Just giving you some more info. The company's policy is that once an employee call off from work,using more than 4 sick days within a 3 monthperiod, the employee is documented. Is this legal?

aquila moore said...

hi good day i was fired from my job on the spot, because they say are cutting back on workers. but i was to make my year next week and they paid me a whole months salary.but the things is how can they be cutting back on workers and they just hired two new people. please help!

real said...

hello i am kevin i work for a private company contracted by an oil company to carry out all functions for them well i was employed by the private com.in the year 2008 and i sign one contract in that year and never had a break in service nor have i gotten holidays i have with me my first contract and all my monthly pay slips from since then now the company came out with a new contract from the 2/01/2014 which is only for a six month period and ups for renewal in another six month time for all the worker to sign which we did because of fear that we will be sent home for not doing so now none of the worker has any union representation or in any union and all have sign even those who has as much as 10, 15 , and 20 years service could you guild me accordingly or advice me what direction to take although we already sign because the company told us we have nothing to get or claim for . thank you kevin.

Trinbago Rights said...

It depends on what your position was and what positions they recently hired for.

Trinbago Rights said...

There's no law regulating it, so that's company policy. I see no problem with that policy, though. Some employees take advantage of the system.

Anonymous said...

Many workplaces now use video surveillance as a security method. However, many of these cameras are capable of recording voice. Does this infringe upon employee rights in any way?

Trinbago Rights said...

It is an absolute invasion of privacy.

mrchaidy said...

I have been employed with a contractor for the past 2 years, He has not paid any National insurance deductions and has paid me $20/hr the correct rate is $72 dollars an hour, I have not sign any contract with him because he did not make up any for me to sign, When I ask to obtain a job letter he fired me. All proof I have is where I sign in at the job site and my pay use 2 deposit under his name in the back what is my legal options.

Trinbago Rights said...

If you know the rate is $72, why'd you accept $20?

He fired you for asking for a job letter? Are you sure about that? I think you should e-mail me privately.

Anonymous said...

my husband is employed in a private company, his father passed away is he entitled to bereavement leave?

Trinbago Rights said...

That'll be based on company policy.

Anonymous said...

Is there any law on hourly paid and daily paid workers. I need some information because my employer is trying to change my contract to one of the above mentioned.

Anonymous said...

Can a manager record a meeting session with his staff member without notification...is this legal

Anonymous said...

Hi Good day,

I fired an employee on grounds of job abandonment as the employee did not report to work for one week without notifying management. The employee claims that she sent a message with her co worker that she was not well. However, she still did not submit a sick leave on her return. Furthermore, the employee claims that she did not abandon her job and was just unable to report to work for that week. Does she have any grounds?

Allison Boodram said...

Hi, if I worked with a private pre-school for 4 years and paid NIS and I was refused to be given at least half of my salary during vacation is there anything I can do?

Dinesh Jonas said...

when a fixed term contract ends, is there a reasonable period of notice that an emlpoyer should give the employee of non-renewal?

Trinbago Rights said...

When the contract ends, the only reasons for non-renewal is redundancy or failure to perform your duties properly.

If those aren't reasons, you shouldn't be given notice, anyway.

Trinbago Rights said...

Recording it is not illegal... using it against the employee or making the conversation public, like putting it on YouTube, for example, is illegal.

Trinbago Rights said...

Of course there is; the Minimum Wage Act.

Trinbago Rights said...

She has no grounds. Abandonment is usually 3 days, but she had a week.

Sending a message with a co-worker is not sufficient unless she had an accident/disease that would make that method acceptable.

Anonymous said...

hi my boss told me over the phone that she will call me and tell me wn to come out to work is that mean im fired

Anonymous said...

Hi, Thank you for your feed back Re; Job abandonment. I have another situation where an employee was given numerous verbal warnings and warning letters with regards to punctuality and absenteeism. In the last letter, the employee was given one month notice indicating, that if she didn't address the issue and her punctuality did not improve, she would be sent home at the end of the month. However, the employee failed to correct the issue and was 21 hours late that month and absent for for four days. She was paid her for the month and sent home as stated in her final warning letter . Am I still supposed to pay this employee for vacation? Please advise.

Anonymous said...

Good day, I work for a privately owned company for a period of 10 years and i have been transferred three times with HR giving no legitimate reason to justify a transfer also saying to me that I do not have a choice. On the last transfer ,after being in this position for app. one year, I was told that my director is not happy with me and that I have stayed home three ( 3) days for the year one of which was a vacation day. I was not appraised, not given a legitimate reason for being transferred, not given a transfer letter as well as a job description. I was also interviewed and denied the opportunity for a vacant position in the company which i am actually pursuing my studies in without being given a reason as to why I did not get the position. Are there any laws against this type of treatment toward an employee?

kizzy durity said...

what is the shortest contract meaning if you get a contract to work for the state what is the shortest contract can be given .

Trinbago Rights said...

I have no idea what you're asking. Please write properly.

Trinbago Rights said...

No... your boss is obligated to provide work, unless you're a casual worker. I need to know more information like where you work and your position, etc.

Send me a private e-mail.

Anonymous said...



Anonymous15 August 2013 10:47

I work in a private company in the oil field for the past 12years. My employer says it is him company and he can do want he wants , I have no casual day, 7 days sick leave and 10day vacation but is paid for 5 days what are the laws around these days?

Trinbago Rights said...

The only issue there is the holiday pay... you have to be paid for every day of your holiday.

me said...

good day by law what is the maximum notice of resignation that should be given to an employer?

Donna Greene said...

Interesting article. Thanks for sharing this.
Wrongful Dismissal Law

Anonymous said...

I am employed to an agency from 2005 to present. Since employment with them, I have been contracted to a company where I have changed departments and rank. However, my contract has been terminated by their client on the basis of downsizing the company. Is there any advice that you can give me?

Anonymous said...

A pleasant day to you and loving the advice given here. I am writing as I am not sure if what my employer is doing legal. I have been a permanent employee with a company for over 6 years and recently declared my pregnancy once known due to the fact that it is required given some of the occupational hazards associated with my role. There has been some discussion from changing roles to no pay leave and even the possibility of being laid off because of what was termed" the current situation which exists " in the company. It was also seen that they laid off a fellow co-worker when her pregnancy was announced. Can you advise on this? How much notice is needed if they were to lay off? Does this seem discriminatory? And what about normal maternity leave?

Trinbago Rights said...

Of course firing you for announcing your pregnancy is illegal! They can't do that and if they try, you can always come back to me to handle it for you.

Yes, you are entitled to maternity leave. You need to ensure that your employer has been paying your NIS contributions

Trinbago Rights said...

Downsizing is an aspect of redundancy, so you should have been given at least 45 days notice and paid retrenchment benefits in accordance with the Retrenchment and Severance Benefits Act.

Anonymous said...

Thank you for the response. What should my option be at this point? Should I go through the union? The contract provided has quoted only piece of the Retrench and Severance Benefits Act, showing as a non workers.

Anonymous said...

i am employed going on 3 yrs with a private contractor for WASA. a verbal agreement was made between myself and my employer on my job specs but no industrial agreement was written up neither did i sign an employment contract. However my nis&HSC has been paid. He now requires that i perform additional work which has become overbearing including the jobs of some WASA personnel as well. can i refuse to do these extra duties which i am being paid the same rate as when the verbal agreement was made? would i be entitled to casual days? Can he now draw up an employment contract including the extra duties he wants me to perform without revising my salary?

Anonymous said...

Good Day, in a non-unionised organisation, if a shift employee (12 hr shifts), applies for vacation and one of his rostered vacation days falls on a public holiday, is he entitled to an extra day with pay?

Anonymous said...

i work in the private sector [17 months continuously] and i wanted to take study leave for exams, which my employers first agreed for. then changed their mind and said i have to take it out of my vacation if i want the days? can they do this?
so i ask if can i take unpaid leave instead, and my employer said that i can't take that? can they deny me unpaid leave which was for study purposes? do i have right s for unpaid leave? if yes up to how much time?

Anonymous said...

i wrote to you on april 1, 2014 seeking legal advice

Trinbago Rights said...

Can't remember getting it. Please resend.

Trinbago Rights said...

Depends on length of service and your contract.

Anonymous said...

I have been injured in December suffered a neck and back injury was home for 42 days was sent back to work on light duties maximum lifting 10 pounds, going to therapy 3 days a week and therapist adjusted lifting to 5pounds, the company covers all cost. But I am restricted from doing a lot of things and I am in constant pain am I due for compensation?

Trinbago Rights said...

Was it your employer's negligence that caused your injury?

Anonymous said...

Water was on the floor and I slipped on the water

Anonymous said...

I have been injured in December suffered a neck and back injury was home for 42 days was sent back to work on light duties maximum lifting 10 pounds, going to therapy 3 days a week and therapist adjusted lifting to 5pounds, the company covers all cost. But I am restricted from doing a lot of things and I am in constant pain am I due for compensation?
I slipped and fell on some water there was no caution sign visible and fell down a stair way

Anonymous said...

I have a private company what are the benefits (vacation, sick leave etc) by law concerning monthly paid employees

Anonymous said...

I have learn a lot from you thanks for that. for 12yrs I have been employed in this company an for no reason was dismissed, like a dog by my boss man wife. I tried calling him he never ans me. that was wed 2nd april 2014. then 11.45pm that same night sent me a tex saying for me to come for 9.am in the morning or he would give me $5500.an call it a day, that was his direct words.wish if you could help me personally.dont no what to do. thank you in advance.

Trinbago Rights said...

14 days vacation & 14 days sick leave.

Trinbago Rights said...

Where did the water come from? A leak?

Trinbago Rights said...

A leak? Another employee? Why do you have me asking all these back and forth questions. Just simply give me more information.

Anonymous said...

Do you have contact information?

Anonymous said...

I noticed in an earlier comment you stated that an individual from Barbados working in Trinidad has the right to a union representative so long as his employment is lawful. Can you direct me to the legislation which states that, or case?

Anonymous said...

I am presently contracted by a company to provide them with my services. I have a contract that spans 4 years. The contract has made no mention of time needed to notify the employer if i had to sever the contract before time. In this case what can i do?
Will thirty days notice suffice?

Anonymous said...

My husband works for a private company he has been working for eight mtns now he is rostered 3days per week as a driver. They pay nis and gets sick leave now that he has worked over six mtns. I want to know if he crosses 12mtns will he be considered permanent.

Anonymous said...

Is it legal for an employer not to give out pay slips? I work for a retail company & i haven't receive any payslip. Also, is it fair for employees to be paying for the company's phone bill?

Anonymous said...

My dad paid his Nis for years now he pass a way my mom will like to know if there is a way she could collect back nis from the government and how

Trinbago Rights said...

We have no law forcing employers to issue payslips, but if you have an issue, you have every right to demand a breakdown of your salary and the deductions.

Employees are not supposed to be paying the company's phone bill... what kind of madness is that!?

Anonymous said...

If a woman gets pregnant in the probation period at her job can she get fired

Anonymous said...

Good day, I am employed in a Government agency and was injured on the job and have been on injury leave over 90 days now but am due to return to work within the next week as advised by my doctor upon the last visit. During this time the company has been paying the full salary in addition to my upkeep allowance for my vehicle. The injury was due to a slippery floor which upon reviewing the incident report submitted to OSHA indicated that it was an unfortunate event and not caused by the cleaners cleaning agents used the day before. Upon falling I received a tear in my lower lumber spine. My employer called to today to advise that they now need to hold my upkeep allowance as I am not using the vehicle in the course of my duty during injury leave and they are not inclined to pay, however, my contract does not indicate that that is a reason for paying the upkeep allowance. However, I reminded them that they have since set a precedence by paying the previous two months and they have no legal right to deduct my salary, as if I am on vacation, the same reasoning would apply, but they would pay the allowance. What is your advice.

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