Trinidad and Tobago

February 02, 2026

KEY DEVELOPMENTS FOR 2026

OSH Prosecutions — Strict Six-Month Time Limit

Occupational Safety and Health Authority & Agency v The University of the West Indies (Trinidad & Tobago) — Privy Council, Sept 2025

Section 93 OSH Act (six-month limit after the “matter of complaint” arises) applies to all prosecutions under the OSH Act, including those taken to the Industrial Court, not just Magistrates’ Court, and Section 97B (two-year limit) does not give a longer window for safety/health offences.

In the University of the West Indies case, the OSH prosecution was held to be out of time and could not proceed as regulators have only six months from the breach (or discovery of breach) to lay OSH charges. The implications of this judgment are that many OSH prosecutions that were filed on the assumption of a two-year limit are now open to limitation challenge and employers have a clear basis to challenge stale OSH charges. This case also effectively overrides the Industrial Court’s earlier view where it accepted a two-year limit for OSH prosecutions.

Public Services Association of Trinidad and Tobago v Trinidad and Tobago Civil Aviation Authority [2025] UKPC 40 — Privy Council, Sept. 11, 2025

The Privy Council held that Section 26A does effectively deem the Public Services Association (PSA) to be the recognized majority union (RMU) for that bargaining unit (of Civil Aviation Authority workers), even though the Recognition Board itself couldn’t have conferred that recognition under the Industrial Relations Act.

Among the practical implications of this, successor employer situations (e.g., statutory corporations taking over former government functions) must be handled very carefully moving forwards, as unions can be “deemed” recognized by statute, not only by the Recognition and Certification Board. Employers can no longer safely argue a failure to apply for recognition as grounds for no RMU existence, if a statute has a deeming provision. Conversely, the decision shows that to prove an industrial relations offence, timing and formal status of the union at the relevant time matters.

With thanks to Thomas Kälin of MLL Legal for their invaluable collaboration on this update.

KEY DEVELOPMENTS FOR 2025

Minimum Wage Increase for Public Sector Workers

With effect from 1 November 2024, the government of Trinidad and Tobago increased the minimum wage of public sector employees only from TT$20.50 per hour to TT$22.50 per hour. The choice to provide this benefit only to public sector employees, as opposed to workers across all sectors, comes as an attempt by the government to help improve the standard of living of those on the lowest incomes whilst also attempting not to place too much hardship on small businesses. The increase is intended to benefit workers in the Community-Based Environmental Protection and Enhancement Programme (CEPEP), the Unemployment Relief Programme (URP) and the National Maintenance, Training and Security Company (MTS). Employers should therefore check whether any of their employees fall into the categories of public sector employees that are to benefit from this salary increase, adjust the remuneration paid to those employees accordingly and amend their employment contracts to reflect this increased salary.

Remote Work Policy for Public Servants

The government of Trinidad and Tobago is working on a remote work policy for public servants. The government has said that the development of the policy framework was expected to be completed by December 2024, but the policy has not yet been published. Employers who fall within the scope of the public sector should therefore stay updated with any announcements on or developments in this policy in the coming months, to ensure they have any new or updated policies and processes in place to correctly implement the remote working policy once it comes into force.

With thanks to Marjorie Nunez of Nunez & Co. for her invaluable collaboration on this update.

KEY DEVELOPMENTS FOR 2023

Working From Home

People are back to work in Trinidad and Tobago. Even though some work could be done remotely, the general approach of employers has been to require employees to return to work. The arrangement whereby employees were staggered and had to report to work on specific days appears to have been discontinued as well. It is back to business as it was pre-Covid. There is no legal requirement for masks or social distancing, even though just close to 51 percent of the population received the initial two doses of COVID-19 vaccine.

Economic Recession

The term recession is not being used in Trinidad and Tobago in 2022. The country received a cash windfall for its oil and gas sector as a result of global upheavals including the war in Ukraine. There have been reports of loss of jobs in all sectors, especially retail and construction. The Government is the largest employer in Trinidad and Tobago and there has been no retrenchment of public servants. Some private companies have downsized as a result of COVID-19 and there have been loss of jobs. Many employees lost jobs in the SME sector as a result of COVID-19. Many persons including university graduates and young professionals have stated that they are having difficulty in securing jobs.

Employment Litigation

The Industrial Court of Trinidad and Tobago is empowered to hear cases involving employees who fit the definition of “worker” under the Industrial Relations Act Ch 88:01. Cases involving those who do not fit the definition of “worker”, for example senior managers and those who formulate policies for employers are heard in the High Court. Most of the cases involve unfair dismissal. There are no statistics to show whether unfair dismissal is claimed as a result of gender, age or race. Most times the unfair dismissals that are reported in the media are based on harsh or oppressive conduct by employers, performance issues, improper conduct on the job and retrenchment. We cannot quantify the percentage of cases that go before the Courts and involve gender, race or age issues.

With thanks to Marjorie Nunez of Nunez & Co. for her invaluable collaboration on this update.

KEY DEVELOPMENTS FOR 2020

Retirement Benefits

Retirement benefits may be paid to employees in cases where no such provision has been made. There is a need for legislative guidelines in relation to the retirement ages for men and women and this is expected in 2021.

Compliance with Due Process Under the Industrial Relations Act

Under the Industrial Relations Act, employers must comply with due process, which is the legal right to be heard in cases of termination/retrenchment. Failure to do so may result in the Court awarding damages to the employee, even if the employee has otherwise been adequately compensated throughout their employment. Further guidance on this can be found in the Retrenchment and Severance Benefits Act.

COVID-19 Related Terminations

Terminations as a result of the COVID-19 pandemic are likely to be challenged, regardless of whether they are based on the frustration argument, as Unions may argue that the pandemic is just being used as an excuse to close businesses and re-open with new employees in order to avoid successorship claims.

With thanks to Marjorie Nunez and Karen Nunez-Tesheira of Nunez & Co. for their invaluable collaboration on this update.