EQUILIBRIA Human Relations Services Ltd provides industrial relations and human resources consultation. Their team has expertise in various backgrounds and experiences. The company was founded to create an innovative approach for dealing with changes in Trinidad and Tobago's industrial relations landscape. The directors and managers have extensive experience in areas such as industrial relations, law, psychology, and human resources. The company offers services such as developing policies and procedures, training, and representing clients in industrial relations matters to minimize costs from disputes and promote a positive work environment.
2. We are EQUILIBRIA Human Relations Services
Ltd. We provide consultation for Industrial
Relations and Human Resource Management.
Our team consist of individuals with varying
background expertise and experiences. In the
birthing of this company, the focus was towards
creating an innovative approach for dealing with
the changes taking place in the Industrial Relations
landscape of Trinidad and Tobago.
3. Ramkumar Narinesingh
Mr. Narinesingh is the founder and Managing Director for the Company.
“I started my primary career at ArcelorMittal Point Lisas at the age of seventeen in the position of Milwright. I am ambitious
and this led to my ownership and part ownership in a number of companies and business ventures in spite of my permanent
job at ArcelorMittal. I was a construction contractor, part owner and manager of a night club, owner of a food outlet and
Clothing store and owner and managing director of an Auto service centre.
Through these businesses I gained a great level of perspective and tacit knowledge in the management of a company and its
Human resources. In all these endeavors perhaps the greatest lesson I learned was that, employees can make or break a
business.
Whilst all this was taking place in my personal time, at ArcelorMittal, I was also applying my ambitiousness. In 2007 the
Company began its journey towards international standardization and I played a major role in developing Standard
Operating Procedures for my department. Over the years that followed I functioned closely with management in assessment
and development of procedures and policies in health and safety and operations. In 2010 my role expanded when I became a
Trade Unionist with the Steel Workers Union of Trinidad and Tobago. It began my exposure to the Ministry of Labor and the
Industrial Court.
I quickly moved up the ranks of the organization and in 2012, I became the 2nd Vice President. My exposure in the Industrial
Relations field increased exponentially and I attended the Cipriani College of Labour Studies where I became certified in the
practice of Industrial Relations.
I became an Executive in the Joint Trade Union Movement, the Assistant General Secretary of the Movement for Social
Justice and the Communications officer for SWUTT.
Over the last four years I have sat in numerous tripartite consultation forums and national conventions. I have interacted
with labour and political dignitaries from our country and all around the world .From this, I have developed my own network
of contacts for consultation and data gathering.
Collectively I have five years of in-depth experience in Industrial Relations conciliation at the Ministry and Court, Collective
Bargaining negotiations with three different companies, case management and preparation at the court and open court
practice.
Witnessing firsthand the shortcomings of the current system, I felt motivated to create a service that can benefit both the
employer and employee class. It is my firm belief that there need not be a war between class for each to achieve their
respective goals. Thus , the solution I offer to end this detrimental conflict is Preventative Industrial Relations Practices”
4. Sharlene Waterman
Mrs. Waterman is a Director and General Manager Legal for the Company
“I am an Attorney-at-Law in private practice offering legal services in the areas of Family Law, Civil Law, Corporate
Law, Commercial Law, Insurance Law, Probate and Real Property. I have years of experience in a spectrum of areas
under the umbrella of civil law and have training in Alternative Dispute Resolution.
I have approximately three years experience as an Attorney-at-Law practicing in areas of law such as such as
running down, personal injury, negligence, employer’s liability, workmen’s compensation, occupier’s liability,
trespass to goods, debt collection, breach of contract, retrenchment, wrongful dismissal among others.
Over the years I have garnered valuable experience in written and oral advocacy having appeared in the
Magistrate’s Court (petty civil), the Court of First Instance and the Court of Appeal and having instructed several
prominent Advocate Attorneys-at-Law. I have also practiced as an Advocating Attorney-at-Law on a number of
matters at the Magistrate’s Court.
Prior to the commencement of my own practice I was engaged with the firm of Araujo Law as an Associate
Attorney-at-Law charged with the task of managing the portfolio of a reputable insurance company within that
firm. This portfolio was fairly large and included areas of law such as personal injury, trespass to goods, employer’s
liability, occupier’s liability, payment of debt and workmen’s compensation. I was also responsible for reviewing
contracts and providing legal advice in a spectrum of areas including retrenchment, wrongful dismissal, vesting
orders among others.”
C.V. 2014-03535 - Darius Tavernier v National Maintenance Training and Security Company Limited and by
Ancillary Claim National Maintenance Training and Security Company Limited v Marloy Stroud – Acted as
Instructing Attorney-at-law for The National Maintenance Training and Security Company Limited wherein the
Court ruled on the issue of liability and in favour of MTS.
CV 2012- 01365 – Essau Seenathsingh v Telecommunications Services of Trinidad and Tobago Limited (TSTT) -
Acted as Instructing Attorney-at-Law for the Telecommunications Services of Trinidad and Tobago wherein the
matter was successfully defended on the issue of liability.
5. Joanette Pariag
Ms. Pariag is a Director and Corporate Secretary for the Company
“When the announcement was made in 1980 by the then Prime Minister the late Dr. Eric Williams, that
the Steel Plant was ready for operation and citizens were invited to come and work, I took the opportunity.
It was a decision I have never regretted.
With a career spanning almost thirty-six years I have accumulated a vast wealth of experience and
knowledge in administration and management. Over the years I moved up the ranks starting as a
Secretary and culminating in the position of Port coordinator. I have had to deal with almost every
possible worker issues that can be imagined and some even unimaginable. It is my belief that there isn’t
any situation that cannot be resolved using a positive and honest approach.”
Hema Narinesingh
Mrs. Narinesingh is a Director and Assistant Corporate Secretary for the Company
“I have been a consequential participant in my husband’s career as an Industrial Relations Practitioner
over the years, listening to him plan and strategize for arguments in negotiations and court. I have seen
the damage that can be done when the fate of two parties are placed in the hands of an external authority.
For me, prevention is always better than cure.”
Deryck Subero
Mr. Subero is a Director and General Manager Employee Services for the Company
“My specialization is Employee Assistance services and Team building initiatives and I hold a degree in
Psychology. I am also a Public Relations officer at TSTT where I have amassed over thirty (30) years
experience in customer service and public relations. I also have a number of years experience in Industrial
relations as I have functioned as a labour relations officer for the Communications Workers Union.”
6. Industrial Relations are Human relations. Human relations, in
this regard, incorporates all that is legally, emotionally,
morally and ethically perceived in the relationship amongst all
parties at the workplace. It attracts the assessment of the
underlying thoughts and intentions in a situation that go
beyond the written word of law. These suggestive and
intending actions are assessed and scrutinized as part of the
legal process and the outcome of cases are impacted by such.
After the Lawyers and Consultants are paid large sums
representing the employer in numerous Ministry of Labor
conciliation, case management and conciliation at the
Industrial Court, the liability is compounded when sometimes,
the employer has to settle before it goes to open court. Few
risk the open court and even fewer see a win. The impact of
the loss at this stage isn’t only the court’s award of
compensation. The judgments handed down now becomes
case law for reference on the next occasion that an employer
is challenged in the same manner at the court.
7. Industrial Court Statistics as reported by the Honorable President of the Court Her Honor Judge
Debra Thomas-Felix recently at the annual symposium dated 14th May 2016
Period 2011 – 2015: Matters disposed off – 2744
SETTLED
WITHDRAWN
WON BY WORKERS
WON BY EMPLOYERS
544
MATTERS
WORKER
230 MATTERS
EMPLOYER
683
WITHDRAWN
427 disposed off in conciliation & 539 disposed off
bilaterally. A total of 966 matters settled .With the
exception of employers taking a Recognized Majority
Union to court in attempt to decertify, these would
most undoubtedly be workers challenging employers
for some claim of mistreatment. Thus, since these were
settled we can reasonably conclude that the employer
conceded and paid an agreed figure. A settlement
became a financial liability to the employer.
8. The INDUSTRIAL COURT’S publication in May of 2016 reported, for the
period 2011-2015, THREE THOUSAND SIX HUNDRED AND SIXTY-SEVEN
(3,667) matters were filed.
Our research has identified that:
• Minimum LEGAL COST to employers for representation per matter
averaged Four Thousand Dollars (TT$4000.00) and maximum was a
whopping Thirteen Million Dollars (TT$13,000,000.00). Over the last five
(5) years, these legal costs have amassed to over Sixty Eight Million
Dollars (TT$68,000,000.00).
• Cost to Employers in settlements and judgment awards, outside of
collective agreements, for the same period have hovered around ONE
HUNDRED SIXTY THREE MILLION Dollars (TT$163,000,000.00).
• Even more recent, 8th July 2016, one (1) worker was successful in securing
TWENTY-EIGHT MILLION Dollars (TT$28,000,000.00) exclusive of legal
costs and interest, against his former employer for a wrongful dismissal.
9. Trade union germination in a workplace is consequential of
poor or non-existent Human Relations practices. Trade Union
entities are becoming more efficient and stronger. Trade
Unionists are extremists in protecting the rights of their
members. They are becoming increasingly efficient in
securing large sums from employers for claims for
negotiations and redress by members. Case law coming out of
judgments handed down over the last few years allows for
this efficiency to become even more precise. Trade Unions are
also becoming even more powerful with the advent of local
umbrella bodies being formed and international affiliates
coming into play. With 528 trade unions existing in our
country, it is simply a matter of time before one infiltrates
your workforce.
10. Business class and employers are still stumbling around
imagining government protection and intervention on
their behalf. This is becoming unrealistic as trade
unions are becoming increasingly involved in politics,
evident in the two previous general elections where
political parties signed an agreement for support in
elections.
Given that governments are determined by elections
that are vested in voters, who are increasingly
becoming aligned with trade unions, an obvious
change in the political landscape is looming.
11. A business owner’s ideal of optimum profits is mostly through a
more efficient operation, in that ,there should be little or no
wastage of all inputs for creating the final product or service. Thus,
the profit margin will increase and the business can be successful.
Consequential of a failing human relations environment, the
ideology of the workforce has deteriorated into some trying to find
ways to reduce “input” whilst earning a salary. This negative culture
has developed over the years as the industrial relations landscape
has become more hostile and polarized.
The morale of both the working class and business class is now at a
dangerous low. This is threatening the very existence of the
economic stability of the country as productivity levels have
plummeted and the cost of living has skyrocketed.
12.
13. EQUILIBRIA SUPPORT SERVICES
EMPLOYER IMPLEMENTATION
DEVELOPMENT
POLICIES & PROCEDURES
IDENTIFICATION
LIABILITIES
ASSESSEMENT
INDUSTRIAL RELATIONS COMPLIANCE AND HUMAN RELATIONS ATMOSPHERE
Our approach is Prevention
through Assessment,
Identification and
Development.
Upon employer
Implementation, We then
provide subsequent
consultation, intervention
and representation for any
Industrial Relations situation
that develops : Conflict
resolution, mediation,
conciliation and open Court
representation.
14. • Revision and/or development of Company Policies and Procedures to ensure compliance in
accordance with National legislation and Legal precedence established.
We have developed a comprehensive database of all the laws that govern Employment and
Human Rights respectively. One of the fundamentals for understanding and identifying the
potential liabilities in Industrial relations is the acknowledgement that employment rights are
not only enshrined in the labour laws, but also in the basic rights guaranteed in all legislations
that speak on Human rights.
Our point on this was validated even recently in two cases that came up at the Equal
Opportunities Tribunal where, in both instances, for different claims of discrimination,
employees were significantly compensated.
Our database on Legal precedence also ensures that our assessment and development of
policies are in line with the Court’s interpretation of legislation and established best
practices.
Our research remains ongoing so as to ensure that our advice and services are most effective.
We continue to gather information on the International Labour Organization’s latest
recommendations and the opinions of major International Union affiliates.
After completing the policies and procedures, the final stage for enforcement of these is
Training. We conduct Industrial Relations training and development to ensure that the
Company personnel is fully prepared for enforcing the policies and procedures.
15. • Industrial Relations consultation on all Employee related issues arising in
workplace
It must be understood that, despite all the preventative actions that an
employer may take to mitigate employee violations, the occurrence of
such will happen from time to time.
What becomes important at this stage is the strict adherence to the
disciplinary process. Almost 70% of the time when an employer is
attempting to reform a rogue employee, the mistakes that occur in the
process take the focus off the action by the employee and instead, the
employer becomes the persecuted. This is simply because any deviation
from the process infringes on the legislative rights of the employee.
Whilst training and awareness may be enshrined in supervisors and
managers for initiation of the process, the meticulousness required is
best executed by Industrial Relations professionals. The end result
ensures that, should the employee choose to carry a claim to the
Industrial Court, the process adherence will be able to withstand intense
legal scrutiny.
16. • Management of/representation for, all Industrial
Relations matters arising in the Ministry of Labor and/or
Industrial Court
Given that trade unions have made a business out of the
representation of workers and there has been a lot of
media coverage for the successes of such representation, it
is anticipated that, from time to time a disgruntled
employee may attempt to challenge the Company simply
because he/she has the legislative right to do such.
Thus, in the event that such occurs, we are prepared to
represent in matters all the way through to Industrial Court
hearings.
17. One-off Service cost
This price system is structured for clients who have little or no policies in place and for
clients who want to bring their policies up-to-date to comply with national laws
and legal precedence established.
• Revision and development of Company Policies and Procedures to ensure
compliance in accordance with National legislation and Legal precedence
established.
• Industrial Relations Training Sessions for Managers and Supervisors on all Policies
Retainer Service
This will be a cost effective measure for clients to have access to our advice and
representation for an allotted amount of hours per month on an ongoing basis for
issues that include but not limited to:
• Potential employee violation - Industrial Relations consultation on all Employee
related issues arising in workplace
• Anticipation of employee exercising right make claims in accordance with
Industrial Relations Act. - Management of/representation for, all Industrial
Relations matters arising in the Ministry of Labor and/or Industrial Court
18. OPEN COURT :EMPLOYEE IS AWARDED COMPENSATION
ISSUE GOES TO THE INDUSTRIAL COURT
(EMPLOYER ENGAGES LAWYER/CONSULTANT)
ISSUE GOES TO MINISTRY
OF LABOR
CONCILIATION
TRADE UNION BECOMES INVOLVED
ISSUE ARISE
EMPLOYEE TERMINATED
EMPLOYEE CLAIMS CONSTRUCTIVE
DISMISSAL
EMPLOYER & EMPLOYEE
NO INDUSTRIAL RELATIONS
POLICIES BASIC POLICIES
COMPANY IS DECLARED NOT LIABLE
MATTER GOES TO INDUSTRIAL COURT
UNION BECOMES INVOLVED
MATTER AT MINISTRY OF LABOR
DISCILPINARY POLICY INITIATED AND FOLLOWED
ISSUE IS RESOLVED AND EMPLOYEE IS
REFORMED, EMPLOYEMENT CONTINUES EMPLOYEE IS TERMINATED
ISSUE ARISES
EMPLOYER & EMPLOYEE : WITH EQUILIBRIA H.R.S. LIMITED
INDUSTRIAL
RELATIONS POLICIES
TEAM BUILDING
INITIATIVES
CONFLICT RESOLUTION
AND CONCILIATION
WORKFORCE
OPTIMIZATION
19. Industrial Relations Seminars for Management and
supervisors.
Workforce optimization: Job evaluation service, Job description
development and review, Manpower structure assessment and cost
reduction recommendations.
We will identify cost effective measures for fostering the
positive development of the employee/employer relations
in the organization towards the outcome of efficient productivity and
prosperity for the business and the employees.
Strengthening the organization’s workforce through team
building initiatives. and positive psychological ideologies that are
geared towards encouragement of working and the feeling of belonging
as a unit for the benefit of all.