Many people do not know their legal rights, so this "Legal Wikipedia" is a compilation of answers to legal questions asked in relation to Trinidad and Tobago laws. ------------------------------------------------- Disclaimer: The information and links posted on this site are provided solely for educational and informational purposes, and do not constitute legal advice.
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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.
Winding-up
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 www.jbemploymentconsulting.com).
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:
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
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