29 May

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WORKPLACE BULLYING & HARASSMENT

Everyone should be treated with dignity and respect at work. Bullying and harassment of any kind are in no-one's interest and should not be tolerated in the workplace. Bullying may be characterised as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient. Bullying itself isn’t against the law, but harassment is unlawful under the Offences Against the Person(Amendment) (Harassment) Act, (2005). Examples of bullying or harassing behaviour in the workplace could include: spreading malicious rumours, or insulting someone by word or behaviour (particularly on the grounds of age, race,...

29 May

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BULLYING

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in Laws of Trinidad and Tobago

What is Bullying? Bullying is when someone keeps doing or saying things to have power or control over another person. There are many ways that someone can be bullied: Verbally- such as name-calling, put downs, threats, teasing. Physically- being punched, tripped, kicked or having your belongings (lunch, money, books) stolen or damaged. Socially- being left out, or ignored, or having rumours spread about you. Psychologically- you are given ‘dirty’ looks, or ‘bad eye’, or ‘cut eye’; or stalked (have someone follow you in a threatening way) Bullying can happen anywhere! It can be a problem: At School In the taxi Walking to and from School In your...

29 May

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PERMANENT RESIDENCE & CITIZENSHIP

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in Laws of Trinidad and Tobago

Application for Resident Status Non Nationals of Trinidad and Tobago who are described in Section 6(1) of the Immigration Act may apply to the Minister of National Security for the grant of Resident Status. - Section 6 (1) of the Immigration Act Chapter 18:01 An application form is obtained from the Ministry of National Security, no fee attached. An application for the grant of resident status is submitted to the Ministry of National Security on the prescribed form 6, two (2) Original forms, if submitted locally, or three (3) Original forms, if submitted from abroad,...

29 May

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TRINIDAD & TOBAGO REAL ESTATE LAWS

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in Laws of Trinidad and Tobago

Legal Advice It is advisable to hire a lawyer although this incur additional expense. An experienced real estate lawyer can help you evaluate offers (those with a variety of conditions), protect your interests throughout the entire transaction, act as an escrow agent to hold the down payment, evaluate complex mortgages and/or leases with options to buy, review contracts and handle your home's closing process. They can also tell you what things, by law, you must disclose to buyers prior to a sale and can also help you avoid inadvertently discriminating against any potential buyers. Land Title Systems In Trinidad & Tobago...

29 May

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REPLEVIN

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in Laws of Trinidad and Tobago

Q: My Landlord changed the locks and doesn't want me to get my stuff. What can I do? A: Replevin is a remedy that enables a tenant to recover possession of goods, which have been illegally distrained. This is further elucidated in Sealandaire Ltd v Paul (1994) High Court, No 169 of 1994 The remedy consists of two parts: 1. the replevy, whereby the tenant obtains re-delivery of the goods; and 2. the action of replevin, in which the validity or otherwise of the distree is determined. Replevin is ONLY available where the distress was illegal, not where it was excessive or irregular. Illegal...

29 May

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IN TRINIDAD & TOBAGO LAW IS PRO-TENANT

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in Laws of Trinidad and Tobago

Rents: Can landlord and tenant freely agree rents in Trinidad & Tobago? Furnished dwelling houses with a monthly rent of TT$1,000 (US$161.29) or less are subject to rent restriction. Unfurnished dwellings with a monthly rent of TT$1,500 (US$241.93) are likewise covered. Under the Rent Restriction Act, rent adjustments for covered dwelling houses are subject to the approval of Rent Assessment Board. Either the landlord or the tenant may apply for a review of rent. Every tenant and landlord, whether or not the dwelling house is covered by the Rent Restriction Act, is required to register with the Rent Assessment Board. The landlord...

29 May

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FILING FOR CHILD CUSTODY

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in Laws of Trinidad and Tobago

Custody is a matter that arises mainly after a divorce or separation since most times there are children involved. For the court, the welfare of the child is the most important consideration as it involves placing the child under the care and control of an individual. Custody is not limited to children within a marriage but also to parents in common-law relationships and extends to parents who are not in a relationship. What is custody Custody is defined in the Family Law Act, Chap. 46:08 (the Act) as the right to possession and care of a minor. Legal custody means,...

29 May

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LANDLORDS: DO YOU KNOW YOUR RIGHTS?

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in Laws of Trinidad and Tobago

A tenancy is a contractual relationship between two parties, namely a landlord and a tenant. The essence of a tenancy is a grant by the landlord to the tenant of ‘exclusive possession’ of a property together with an intention to create the relationship of landlord and tenant. Since the basis of the relationship is contractual, the rights of parties depend on the terms of the agreement. There are however certain rights and obligations which are part of all tenancy agreements or are implied by law. In this article, some of the usual rights and obligations of the landlord will be noted. •...

29 May

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HOW HUMAN RIGHTS ARE PROTECTED IN TRINIDAD & TOBAGO

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in Laws of Trinidad and Tobago

The Constitution The Constitution of the Republic of Trinidad and Tobago is the supreme law of the land. Within this document is contained guaranteed protection of fundamental human rights and freedoms. The most important sections relating to the protection of human rights in the Constitution include: Section 4 (Declaration of Rights and Freedoms) Section 4 of the Constitution declares and recognizes the existence of basic fundamental human rights and freedoms, without discrimination by reason of race, origin, colour, religion or sex. It states: “It is hereby recognised and declared that in Trinidad and Tobago there have existed and shall continue to exist, without...

29 May

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RIGHTS OF EMPLOYEES IN TRINIDAD & TOBAGO

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in Laws of Trinidad and Tobago

Workers in Trinidad and Tobago enjoy many legal rights. In this week’s article we look at some of these rights Minimum wage The Minimum Wages Act Chap. 88:04 provides for a national minimum wage for all workers generally. This minimum wage was recently increased, effective January 2015, to $15 per hour. Employees can report non-compliance by their employer to their trade union or the Minister of Labour. Health and safety Workers have often downed tools in dissatisfaction with workplace conditions. Under the Occupational Health and Safety Act Chap. 88:08 employers must provide a safe and healthy work environment, protective clothing and equipment at no...

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