glossary of ir terms and concepts

7/28/2019 Glossary of Ir Terms and Concepts

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GLOSSARY OF IR TERMS AND CONCEPTS

AbsenteeismThe percentage of time that workers fail to report for work each day.

Such absences may be voluntary or involuntary. Absenteeism may bedefined as time off from the job without the prior approval of a

manager.

Alternative WorkWorkers may sometimes be unable to perform their duties ascontained in their contract of employment or job description. This may

be due to a number of reasons including pregnancy; the undertaking

of an occupational safety and health investigation (see theOccupational Safety and Health Act 2004 S. 6(9) and S. 19(1) (a)).

Alternative work may also be offered to an employee whose job hasbecome redundant.

Bargaining UnitThe unit of workers determined by the Registration, Recognition and

Certification Board (RRCB) as an appropriate bargaining unit. Thebargaining unit is usually comprised of homogeneous classifications

i.e. similar classifications of workers employed in one undertaking whoshare a common location or work and a common employer e.g. hourly

paid worker, clerical/administrative workers. See S. 2(1) of theIndustrial Relations Act Ch. 88:01

Casual WorkerA person who is employed on a temporary or on an irregular orintermittent basis. See S. 2 of the Retrenchment and Severance

Benefits Act 1985.

Collective AgreementAn agreement in writing between an employer and the recognizedmajority union on behalf of workers employed by the employer in a

bargaining unit for which the union is certified, containing provisions


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respecting terms and conditions of employment of the worker and the

rights, privileges or duties of the employer or of the recognizedmajority union or of the workers, and for the regulation of the mutual

relationship between an employer and the recognized majority union.See S. also 2(1) of the Industrial Relations Act Ch. 88:01

Collective BargainingA process or set of procedural rules for arriving at conditions of work,including wages, through negotiations between employers andemployees or their trade union representatives. The collective

agreement which results from this process is applied to all employeeswithin the bargaining unit. See also S. 2(1) of the Industrial Relations

Act Ch. 88:01

Constructive DismissalIn certain circumstances an employer may not outrightly dismiss an

employee but instead he changes some term or condition of theemployees contract of employment or makes it extremely difficult for

the employee to continue working in the normal way. If this happens,the employee may resign and claim that he has been constructively

dismissed. See Trade Dispute 56 of 1992 between National Union of Government and Federated Workers v Furness Trinidad Limited

Contract of EmploymentA contract of employment is the agreement that governs the

relationship between the employer and employee. It may be in writing,oral or partly in writing and partly written. See IRA s. 2(1)

Contract for ServiceA contract for services is the agreement between an employer and acontractor for the provision of services.

Contract of ServiceA contract of service is the agreement between an employer and anemployee (see also contract of employment)


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COLAThis is acronym for Cost Of Living Allowance. This allowance may begranted to workers (mainly negotiated by Recognized Majority Unions)

to cushion the effects of the rise in the cost of living and is frequentlylinked to the Retail Price Index which represents the average cost of

goods and services.

Call BackAn employee, who has already left work for the day, may be asked to

return to work shortly after leaving (the length of time is usuallystipulated) because of unforeseen manpower requirements or other

factors. The employee is normally paid premium rates for such workperformed.

Disciplinary ActionAction taken, usually against an employee, arising out of a breach ofrules, regulations or accepted standards of conduct or behaviour.

Disciplinary action against a worker may be oral or written and may bein the form of a warning, suspension or termination, depending on the

severity of the offence and as guided by a grievance schedule or thecollective agreement.

Some Legal Principles on Disciplinary Action

1. When an employee has been accused of committing a criminaloffence, guilt beyond reasonable doubt does not have to be

established before a disciplinary decision can be taken andimplemented.

However the rules of natural justice must be adhered to bytheir employer, viz:

a. The employee should be advised of the nature of theoffence which he has allegedly committed.

b. The employee, having been so advised, should be given an

opportunity to defend himself.c. Any decisions taken in connection with the above shouldbe the result of an impartial and fair hearing.

Fighting on the job


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A physical exchange of a violent nature between employees that

causes or is intended to cause bodily harm. The disciplinary action forthis misdemeanour is summary dismissal in most cases.

GrievanceA grievance under a collective agreement is an allegation that the

contract has been breached, intentionally or otherwise, resulting in animproper interpretation or application.

Independent ContractorA person who is engaged on the basis of a contractual arrangement to

do work over an estimated period of time and whose hours of work arenot usually regulated by contract.

Industrial ActionAny action by an organisation or employer or groups of employers; byemployees or groups of employees; or by trade unions, resulting in a

disruption of the productive process. Such action may be in the formof a strike by workers; lock-out by employer; or any form of action

that disrupts production and is taken in furtherance of an industrialdispute.

Industrial RelationsThe interaction between people, and their complex relationships, which

are common features of the workplace on a day-to-day basis. Manydescribe industrial relations as common sense. Common sense to

one person is not necessarily common sense to another.

InsubordinationA commonly used term in industrial relations. According to the Living

Webster Encyclopedic Dictionary, this means not submitting to

authority; willfully disrespectful or disobedient: rebellious. Anaccusation of insubordination must therefore be substantiated by clearevidence of an employees failure to obey instructions, of being rude

and disrespectful to his supervisor/manager or of behaving in arebellious manner, thus causing a breakdown in relationships or

frustrating the productive process.


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IntoxicationEmployees who consume alcohol or other substances e.g. narcotics

may be in a temporary state of mental or physical impairment due tothe effects of the substance. This is a serious safety and health riskand such employees should not be allowed to perform work in thatstate. This may also be the subject of disciplinary action. See also the

Occupational Safety and Health Act 2004 (as amended) S. 4 (1) and10(1) (f)

Job AbandonmentAn employee is deemed to have abandoned the job when:

1. Such an employee having applied for and receives leave(departmental, sick, vacation) and exhausts such leave, does not

report/show up for work at the usual place for employment whensaid leave has been exhausted.

2. Such an employee, not in receipt of approved leave

(departmental, sick, vacation), fails to report/show up for work atthe usual place of work for a period of three days or more. A

discretionary three days should be allowed to ascertain whetherthe absence is due to illness.

3. A seasonal employee in continuous employment fails to show up

at the usual place of work in accordance with established

recruiting practices.

LockoutA form of industrial action taken by employers in furtherance of a

dispute. The closing of a place of employment or the suspension of

work by an employer or the refusal by an employer to employ orcontinue to employ any number of workers employed by him, donewith a view to induce or compel workers employed by him to agree to

terms or conditions of, or affecting employment but does not includethe closing of a place of employment for the protection of property or

persons therein.


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Late ComingReporting to work after the stipulated time for doing so. This may bethe subject of disciplinary action.

Loss Of ConfidenceAn employer may lose confidence in a particular employees ability to

perform his job due to some serious occurrence or conflict. Forexample if an employee is caught tampering with accounting recordsetc.

Maternity LeaveTime-off granted to a pregnant female worker to deliver and givepostnatal care to her newborn baby. Maternity Leave is governed by

the Maternity Protection Act 1998 and the period of leave is thirteen

(13) weeks or more is agreed to between employer andemployee/union.

MisconductThe employer has the right to dismiss an employee without notice for

misconduct or cause. Examples of such misconduct or causeinclude:

1. Insubordination or willful disobedience in carrying out a

reasonable order under a contract of employment.2. Breach of confidence in disclosing trade or other secrets.

3. Impaired or non-performance as a result of drunkennessor use of drugs (not medically prescribed).

4. Failure to display a reasonable degree of competence in

the skill professed.

Natural JusticeThe rules of natural justice must be adhered to by employers

whenever disciplinary action is contemplated. This includes:5. The employee should be advised of the nature of theoffence which he has allegedly committed.

6. The employee, having been so advised, should be given anopportunity to defend himself.

7. Any decisions taken in connection with the above shouldbe the result of an impartial and fair hearing.


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OvertimeHours in excess of normal hours of work for which premium rates areagreed to and paid periodically. By agreement, overtime rates may

vary between time-and-one-half basic pay for work done during thenormal work week to double-and triple-time pay for work done onSaturdays, Sundays and public holidays.

ProbationThe initial period of permanent employment, usually three to sixmonths, is called a probationary period. During this period the

employee should be closely assessed and any shortcomings should be

highlighted. It is also important to an appraisal of the employeesperformance before the probation expires and a decision should be

made on whether the employee should be made permanent or shouldbe terminated.

PromotionThe act of moving an employee upwards in the organisation.

Promotion is a form of recognition of individual performance.

Progressive DisciplineThis is a process for dealing with job-related behavior that does notmeet expected and communicated performance standards. The

primary purpose for progressive discipline is to assist the employee to

understand that a performance problem or opportunity forimprovement exists.

Here are the steps in progressive discipline:-1) Verbal warning2) Written warning

3) Final written warning4) Termination.


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Procedure for TerminationEmployees must submit a written notice of voluntary resignation or

retirement to the immediate supervisor at least two weeks prior to theeffective date of termination, stating the reasons for the resignation.The original notice of resignation or retirement should be forwarded to

the Human Resources Department for inclusion in the employeespersonnel file.

It is the employees responsibility to take the actions listed below on orbefore the last day of work:

1. Return all tools, uniforms, equipment, credit cards, manuals, andother University property in the employees possession to his/her

supervisor.2. Return all keys to offices and buildings to his/her supervisor.

3. Settle all financial indebtedness to the company.

4. Contact the Payroll/ Manager in the Human ResourcesDepartment to set up an exit interview appointment to discuss

benefits, options, and to afford the employee the opportunity todiscuss his/her overall experience at the company.

If the employee is dismissed involuntarily, it is the supervisors

responsibility to ensure compliance with these actions.

When a supervisor is notified that an employee is resigning orterminating employment, the supervisor must collect all companyskeys and other property and instruct the employee to settle financial

matters prior to leaving the company. For security purposes, thesupervisor must cancel passwords for all information systems

(computers, telephones). The supervisor must also cancel signatureauthority on Accounts Payable and any other accounts.

Paternity LeaveLeave granted to a father for the birth or adoption of his child. Thistype of leave should be qualified by stating the exact number of days

(on average 3-5 days) and the conditions under which the leave wouldbe granted (e.g. the father must be married to the mother of the

child).


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PensionA steady income given to a person (usually after retirement). Pensionsare typically payments made in the form of a guaranteed annuity to a

retired or disabled employee. Some retirement plan (orsuperannuation) designs accumulate a cash balance (through a varietyof mechanisms) that a retiree can draw upon at retirement, ratherthan promising annuity payments.

Profit: from Latin meaning to make progress, is defined in twodifferent ways. Under capitalism, profit is a positive return made on an

investment by an individual or by business operations.

Recognized Majority UnionA trade union certified under Part 3 of the Industrial Relations Act1972 by the Registration, Recognition and Certification Board (RRCB)as the bargaining agent for workers comprised in a bargaining unit for

the purpose of collective bargaining

RedundancyThe existence of surplus labour in an undertaking for whatever cause.See S. 2 (Interpretation) RSBA.

RetrenchmentThe termination of employment of a worker at the initiative of an

employer for the reason of redundancy.

RetirementThe termination of employment of a worker after having reached astipulated age. The norm in Trinidad and Tobago is 60 65 years inaccordance with entitlement to national statutory benefits e.g. National

Insurance.
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StrikeA cessation of work, a refusal to work, to continue to work or to take

up work by workers acting in concert or in accordance with a commonunderstanding, or other concerted activity on the part of workers in

contemplation of, or in furtherance of, a trade dispute, except that theexpression does not include action commonly known as a sit-downstrike, go-slow or sick-out.

Severance PayThis is the monetary compensation that a retrenched employee isentitled to under the Retrenchment and Severance Benefits Act 1985

or in any collective or other agreement that contains superior benefits

to the above statute. Severance Pay is calculated using the employeesyears of service and the formula contained in S. 18 of the above Act.

Sexual harassmentAny unwelcome sexual advance or conduct on the job, having theeffect of making the workplace intimidating or hostile. Sexual

harassment is considered a form of illegal discrimination and is a formof sexual and psychological abuse, ranging from mild transgressions to

serious abuses. Allegations of sexual harassment should be

investigated as soon as possible and should also be reported to thePolice Service. If found guilty of sexual harassment on the job anemployee may be subjected to immediate dismissal as this sends a

strong message about the organizations commitment to the safety,health and welfare of its employees. Counselling and other

rehabilitative measures should also be undertaken for victims. Place

Case and ECAS Publication on Termination of Employment.

SuspensionTo temporally withdraw the services of an employee who committed abreach of the companys policy and procedures. The period ofsuspension varies depending on the severity of the breach.

Suspension Pending InvestigationTo temporarily remove an employee from the workplace so that aproper investigation can take place into allegations of misconduct. This
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usually takes place in cases of fraud or theft in that the employee

needs to be removed so that incriminating evidence would not bedestroyed or tampered with. Because the employee has not been

deemed guilty at this point, this type of suspension is usually with payunless otherwise agreed to.

The employee should be written to and advised of the fact that the

company is investigating certain allegations of misconduct and that theemployee would be required to be off the job for a specific period of

time. The employer should also write the employee after investigationsare completed to advise of the outcome.

If the investigations reveal that the allegations are unsubstantiated,the employee should be advised to report to work in the usual manner.

If, on the other hand, investigations reveal there is a probability ofguilt, then the employee should be charged and given an opportunity

to be heard, after which a decision can be taken. Place Case

Temporary Employee/WorkerAn employee who performs work in furtherance of an employment

contract of a temporary nature, being a contract with a specific date ofcommencement and date of termination. The duration of the contract

should be agreed to with the employee as it is an integral term of thecontract.

TheftThe act or crime of stealing somebody else's property. This is a dismissibleoffence and should not be treated lightly. All surrounding circumstances

however should be taken into consideration as advised by the IndustrialCourt in Trade Dispute place case

Termination of employmentThe process of bringing the employment contract to an end. There are

various modes of termination. This includes but is not limited to; dismissal bythe employer, retrenchment, resignation and retirement.


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Unilateral ChangeTerms and conditions of employment of employees are normally

stipulated in their contracts of employment, which can be either verbalor be in writing according to S. 2 Industrial Relations Act Ch. 88:01, anemployer is not permitted unilaterally to change the terms and

conditions of an employment contract with an employee, and if hedoes so without agreement, the employee would have the right to

either abandon the contract or to sue for damages in terms of thecontract. An employee can pursue such a matter at the Industrial

Court as a Constructive Dismissal. See also Constructive Dismissal.See Trade Dispute 56 of 1992 between National Union of Government

and Federated Workers v Furness Trinidad Limited

Unresolved DisputeWhen a dispute cannot be settled by both the union and the employerand the Minister has to intervene to assist in the settlement of the

matter.

Vicarious liabilityWhen one person is liable for the negligent actions of another person,even though the first person was not directly responsible for the

injury. For instance, a parent sometimes can be vicariously liable forthe harmful acts of a child and an employer sometimes can bevicariously liable for the acts of a worker.

VotingEntitlement to vote in the ballot must be accorded equally to all themembers of a trade union who it is reasonable at the time of the ballot

for the union to believe will be induced to take part or, as the casemay be, to continue to take part in the industrial action in question,and to no others.


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VictimizationTo single an employee out unfairly for punishment or ill treatment.

Victimization on grounds of race, colour, sex, religion, political opinion,

national extraction or social origin, which has the effect of nullifying orimpairing equality of opportunity or treatment in employment or

occupation, is a breach of ILO Convention 111 Discrimination(Employment and Occupation) Convention. Trinidad has ratified this

Convention.

Victimization for Trade Union activities is a criminal offence in violation of S.

42 Industrial Relations Act Ch 88:01.

See also Discrimination

Vacation LeaveA type of leave earned by an employee the purpose of which is toenable the employee to have rest and relaxation away from the job. In

Trinidad, the norm with respect to quantum of vacation leave is two

weeks per annum calculated from the date of employment.

Wrongful DismissalA term used to describe the unjustifiable dismissal of a worker.

WorkerAny person who has entered into or works under a contract with an

employer to do any skilled, unskilled, manual, technical, clerical or

other work for hire or reward, whether the contract is expressed orimplied, oral or in writing, or partly oral and partly in writing, andwhether it is a contract of service or apprenticeship or a contract

personally to execute any work or labour. See S. 2 Industrial RelationsAct Ch 88:01.


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WageA sum of money paid to a worker in exchange for services, especially for

work performed on an hourly, daily, or weekly basis, or by the piece.

Workmens CompensationThe purpose of Workmens Compensation is to provide for thepayment of compensation to workmen for injuries suffered in the

course of employment. It is not based on the negligence of theemployer, but is absolute liability for medical coverage (subject to a

limit), a percentage of lost wages or salary and payment for anypermanent injury (usually based on an evaluation of disability). In

Trinidad and Tobago the Workmens Compensation Act Ch 88:05governs the law in this area.

glossary of ir terms and concepts

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