Monday, 22 June 2015

Sick leave days

Q: Do the days on a sick leave note include weekends and public holidays?

A: Yes, sick leave includes weekends and public holidays.

For example, if the doctor gives you 4 days sick leave from Friday, it will NOT be Friday, Monday, Tuesday, Wednesday; it will be Friday, Saturday, Sunday, Monday. 

Tuesday, 16 June 2015

Consumer rights: no return, no refund

Q: Hi,

What are Trinidad and Tobago laws with respect to refunds?

Why do some stores post "no refund" or state that their policy is "No cash refund"?

Is this legal???

A: The clause of no return, no refund is illegal according to Section 20(d)(ii) Sale of Goods Act 1895, as amended –  ‘reasonable’ time to return


Unfair Contract Terms Act 1985
8(1) In the case of goods of a type ordinarily supplied for private use or consumption, where loss or damage—

  • (a) arises from the goods proving defective while in consumer use; and
  • (b) results from the negligence of a person concerned in the manufacture or distribution of the goods liability for the loss or damage cannot be excluded or restricted by reference to any contract term or notice contained in or operating by reference to a guarantee of the goods.



Additionally:
Unfair Contract Terms Act 1985
  • Goods must match the description given to them, and be of satisfactory quality and fit for their purposes. Contract terms which deny consumers the right to full compensation where goods are mis-described or defective are void and unenforceable
  • Terms which seek to pass on the risk of damage or loss before the goods are actually delivered are void and unenforceable
  • Terms disclaiming liability for sale goods or saying that sale goods cannot be returned are void and unenforceable