Employment Law

Whether you are an employee who has been dismissed without proper process or an employer trying to manage a difficult workplace situation lawfully, consulting an employment lawyer in Trinidad and Tobago gives you a significant advantage. Employment disputes escalate quickly and the procedural requirements around dismissal, redundancy, discrimination, and Industrial Court representation are specific enough that missteps on either side can be costly. At Martin George & Company, we advise both employees and employers across the full range of workplace disputes, from the early signs of a problem through to formal proceedings. The advice you receive before a disciplinary hearing or before a termination decision is made is often more valuable than the advice you receive after the fact.

Trinidad and Tobago’s employment-law framework rests on a combination of common-law principles and a connected set of statutes. The Industrial Relations Act, Chapter 88:01 governs collective bargaining, trade-dispute resolution, and proceedings at the Industrial Court for “workers” as defined under the Act. The Retrenchment and Severance Benefits Act, Chapter 88:13 sets the statutory framework for redundancy and severance, including the formula used to calculate severance pay based on length of service. The Maternity Protection Act, Chapter 45:57 governs maternity leave entitlements. The Occupational Safety and Health Act, Chapter 88:08 covers workplace safety and the duties owed by employers. Discrimination matters are governed by the Equal Opportunity Act, Chapter 22:03, with claims heard at the Equal Opportunity Tribunal. Knowing which statute applies, and which forum has jurisdiction, is the first step in assessing any employment matter.

The Industrial Court plays a central role in resolving workplace disputes for unionised employees and “workers” as defined under the IRA — particularly unfair dismissal, retrenchment, and industrial-action matters. Representation before that Court requires specific procedural knowledge, and having experienced counsel from the outset — rather than engaging legal support only after a matter has been filed — tends to produce better outcomes. For individual employees, the stakes are often immediate: income, references, pension entitlements, and the ability to return to their industry. For employers, the risks include reputational exposure, Industrial Court orders, severance liability under the RSBA, and the precedent a poor outcome sets for future workplace management.

Workplace discrimination and sexual harassment are taken seriously within this practice. The Equal Opportunity Act, Chapter 22:03 prohibits discrimination on the grounds of status (including sex, race, ethnicity, origin, religion, marital status, and disability) and provides for complaints to the Equal Opportunity Commission and adjudication at the Equal Opportunity Tribunal. Sexual harassment may also fall within the IRA framework or, in some cases, be pursued as a tort or breach of contract at the High Court. The investigation of these complaints requires careful handling of evidence, witness accounts, and internal documentation. We assist clients in assessing what occurred, what records exist, and what the most appropriate legal route is before any formal step is taken.

Services in this practice area

• Wrongful Dismissal
• Unfair Dismissal
• Employment Contracts
• Workplace Discrimination
• Workplace Harassment
• Sexual Harassment
• Industrial Relations Act matters
• Industrial Court representation
• Redundancy
• Severance Pay
• Constructive Dismissal
• Disciplinary Procedures
• Employment Policies Review

When you consult with us on an employment matter, the first session focuses on the timeline of events, the documents that exist, and any immediate deadline — such as a disciplinary hearing date, a notice period, or a court filing window — that affects how quickly we need to act. For employees, bring your employment contract, any warning letters, suspension notices, or termination letter you have received, and any internal complaints you have made or received. For employers, bring the employment contract, your workplace handbook or relevant policies, the disciplinary correspondence, and an honest account of the investigation process to date.

Our approach is clear-eyed and practical. We will tell you what the evidence supports, what a tribunal or court is likely to focus on, and what the realistic options are — not what you want to hear if it does not reflect the legal reality. For employers, that sometimes means advising against a course of action that is commercially tempting but procedurally flawed. For employees, it means being honest about the strength of the claim before a formal route is pursued. Employment disputes in Trinidad and Tobago are manageable with proper advice and early engagement — the firms and individuals who struggle most are those who arrive too late in the process to change the outcome.

Further reading at law.martingeorge.net

For deeper background on T&T employment and industrial-relations law, see the firm’s legal education site:

• Wrongful Dismissal and Employment Law in Trinidad and Tobago
• Employment Discrimination in Trinidad and Tobago
• Employer’s Liability for Workplace Injury in Trinidad and Tobago: The Direct Duty of Care to Employees
• Vicarious Liability in Trinidad and Tobago: When Employers Are Liable for Their Employees
• Whistleblower Protection in Trinidad and Tobago