Mitoonlal Persad and another (Appellants) v Registration, Recognition and Certification Board (Respondent) (Trinidad and Tobago)
Case ID: JCPC 2023/0046
Jurisdiction: Court of Appeal of the Republic of Trinidad and Tobago
Case summary
Issue
Was the Court of Appeal wrong to find that: (i) the jurisdiction of the High Court to determine the issue in this appeal was ousted by s.23(6) and (7) of the Industrial Relations Act; and (ii) the Registration, Recognition and Certification Board (the "Board") did not act in breach of natural justice, nor did it fetter its discretion when making its decision in relation to good standing?
Facts
The First Appellant, Mr Persad, was dismissed from his employment with Royal Bank of Canada Limited ("RBC"). Mr Persad, who was a fully paid-up member of the Sanctury Workers' Trade Union (the "Union", the Second Appellant in these proceedings), wished to challenge his dismissal.
Through his membership of, and with the support of, the Union, Mr Persad would ordinarily have been entitled to make a claim to the Industrial Court challenging RBC's decision to dismiss him. However, in order for a union to be able to appear before the Industrial Court, it must be recognised by the Board (the Respondent in these proceedings). A union will not be recognised by the Board unless it is in good standing.
The Board considered the position of the Union and found it was in breach of s.34(3) of the Industrial Relations Act (the "IRA") because it had not opened a bank account. The Board said this meant the Union had not followed sound accounting procedures and practices, as required under s.34(3).
The Appellants issued a claim for judicial review, arguing that the findings made by the Union were unlawful for a number of reasons, including that there is no definition of 'sound accounting procedures and practices' in the IRA. The High Court considered it had jurisdiction to hear the claim, and found that the Board's decision that Mr Persad was not a member of standing of the Union was unlawful. The High Court also concluded that the decision the Board had made, based on its policy, was disproportionate and procedurally unfair. The Court of Appeal overturned the decision, finding, amongst other things, that the High Court did not have jurisdiction to hear the claim. The Appellants now appeal to the Judicial Committee of the Privy Council.
Parties
Appellant
(1) Mr Mitoonlal Persad, (2) Sanctuary Workers Trade Union
Respondent
Registration, Recognition and Certification Board
Appeal
Justices
Lord Reed, Lord Sales, Lord Stephens, Lady Simler, Lady Wise
Hearing start date
4 November 2024
Hearing finish date
4 November 2024