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 Why are the Ministers not Implementing the Law?

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Honeylu
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PostSubject: Why are the Ministers not Implementing the Law?   Wed Feb 16, 2011 2:14 pm

Minister John Sandy could have gotten a Stop order in the national interest, why didn’t he?


Quote :

Stop order in the national interest.


65. (1) Where industrial action is threatened or taken, whether in conformity with this Act or otherwise, and the Minister considers that the national interest is threatened or affected thereby, he may make application to the Court ex parte for an injunction restraining the parties from commencing or from continuing the action; and the Court may make such order thereon as it considers fit having regard to the national interest.

65. (2) Where the Court upon such an application makes an order under subsection (1), then—
(a) the parties bound by the order shall thereupon refrain from, or discontinue, the industrial action; and

(b) unless the Court otherwise specifically orders, nothing in section 63(1)(c) shall apply to any worker involved in the industrial action,
and the Court may further order that the matter shall be deemed to have been referred to the Court by the parties thereto for determination.

65. (3) An order made by the Court under subsection (1) shall be published in the Gazette and in at least one daily newspaper circulating in Trinidad and Tobago and the publication shall be deemed to be service of notice thereof on all parties to the dispute, including all workers engaged in the industrial action, whether threatened or taking place.

65. (4) Subject to this section, no order of the Court made under subsection (1) shall be deemed to have validated any action taken if the action was not otherwise in conformity with this Part.

Industrial action prohibited during hearing, etc.
66. (1) No party to a dispute may continue, or take, industrial action while proceedings in relation to a dispute to which that action relates are pending before the Court or the Court of Appeal.

66. (2) No person may take industrial action as a result of disagreement or dissatisfaction with, an order or award of the Court or the Court of Appeal.

66. (3) A person who contravenes this section is guilty of a contempt of the Court or of the Court of Appeal, as the case may be.


http://www.ilocarib.org.tt/projects/cariblex/tt_act2.shtml#Persons_prohibited_from_taking_industrial_action.
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Honeylu
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PostSubject: Re: Why are the Ministers not Implementing the Law?   Wed Feb 16, 2011 2:35 pm

Why Minister Dookeran didn’t refer this matter to a Special Tribunal?

Quote :

(2) The Minister of Finance may make
recommendations with regard to the remuneration to
be paid to police officers.

(3) The Minister of Finance shall, before making
recommendations pursuant to subsection (2)—
(a) consider the requirements of the Police Service;
(b) take into account the rates of pay and other
terms and conditions of employment
prevailing in Trinidad and Tobago for
similar work outside the Police Service and
the relationship of the duties of the various
grades within the Police Service; and
(c) be guided by the considerations set out in
section 20(2)(a) to (f) of the Industrial
Relations Act.

(4) Before making any recommendation under
subsection (2), the Minister of Finance may require the
Personnel Department to consult with representatives
of the appropriate recognized association with respect to
the matters specified in subsection (1).
25. Where the representatives of the appropriate
recognized association request a consultation with
respect to matters specified in section 24(1) or the

386 No. 7 Police Service 2006
Minister of Finance directs that such consultation is
necessary and desirable, the Personnel Department
shall consult with the representatives of such
association in respect of those matters.

26. Where the Personnel Department consults and
negotiates with representatives of the appropriate
recognized association with respect to matters specified
in section 24 at the request of such representatives, the
Personnel Department and the appropriate recognized
association are, within twenty-one days of the commencement
of such consultation and negotiation, or
within such further period as may be agreed upon,
unable to reach agreement on any matter, the Personnel
Department or the appropriate recognized association
shall report the matter on which no agreement has been
reached to the Minister of Finance, and on such report
being made a dispute is deemed to exist as to the
matter.


27. (1) Where the Personnel Department, before
making proposals with respect to matters specified
in section 24, does not consult with representatives
of the appropriate recognized association, the
Personnel Department shall submit the proposals to the
appropriate recognized association for consideration
and agreement.

(2) Where the Personnel Department and the
appropriate recognized association are, within twentyone
days of the submission of the proposals as
mentioned in subsection (1), or within such further
period as may be agreed upon, unable to reach
agreement on any matter, the Personnel Department or
the appropriate recognized association shall report the
matter on which no agreement has been reached to the
Minister of Finance, and on such report being made a
dispute is deemed to exist as to the matter.



28. (1) Where the Personnel Department and the
appropriate recognized association reach agreement on
any of the matters specified in section 24(1) after
consultation and negotiation in accordance with section
26 or 27, the agreement shall be recorded in writing and
shall be signed by the Chief Personnel Officer on behalf
of the Minister of Finance and by a person designated by
the appropriate recognized association on behalf of the
association.

(2) An agreement recorded and signed in
accordance with subsection (1) shall be binding upon the
State and the police officers to whom the agreement
relates.

29. Notwithstanding section 13(1) of the Civil Service
Act, in the exercise of its duties and functions under
sections 24, 25, 26, 27 and 28 of this Act, the Personnel
Department shall be subject to the directions of the
Minister of Finance.

30. (1) Where a dispute is deemed to exist under
section 26 or 27, the Minister of Finance shall refer the
dispute for settlement to the Special Tribunal within
twenty-one days from the date on which the dispute was
reported to him.

(2) Where the Minister fails to refer the dispute to
the Special Tribunal within the time specified in
subsection (1), the appropriate recognized association
that is a party to the dispute may do so within twentyone
days from the date of the expiration of the time
specified in subsection (1)
.

(3) For the purpose of this Act, the parties to a
dispute shall be the Chief Personnel Officer and the
appropriate recognized association.

31. (1) The Special Tribunal shall hear and
determine any dispute referred to it under section 30
and shall make an award on the dispute.
(2) An award made by the Special Tribunal shall
be final.


(3) In addition to taking into account any
submission, argument and evidence presented or
tendered by or on behalf of the appropriate recognized
association and the Chief Personnel Officer, the Special
Tribunal in its judgment shall be guided by the
considerations set out in section 20(2)(a) to (f) of the
Industrial Relations Act.

32. (1) An award made by the Special Tribunal under
section 31 shall be binding on the parties to the dispute
and all police officers to whom the award relates and
shall continue to be binding for a period to be specified
in the award, but not less than five years from the date
upon which the award takes effect.

(2) The Special Tribunal may, with the agreement of the parties to an award, review such award at any time after the third anniversary of the making of such award.

http://www.ttparliament.org/legislations/a2006-07.pdf
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