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 Relationslandscape of Trinidad and Tobago.

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 ambitiousand this led to my ownership and part ownership in a number of companies and business ventures in spite of my permanentjob at ArcelorMittal. I was a construction contractor, part owner and manager of a night club, owner of a food outlet andClothing 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 itsHuman resources. In all these endeavors perhaps the greatest lesson I learned was that, employees can make or break abusiness.

Whilst all this was taking place in my personal time, at ArcelorMittal, I was also applying my ambitiousness. In 2007 theCompany began its journey towards international standardization and I played a major role in developing StandardOperating Procedures for my department. Over the years that followed I functioned closely with management in assessmentand development of procedures and policies in health and safety and operations. In 2010 my role expanded when I became aTrade Unionist with the Steel Workers Union of Trinidad and Tobago. It began my exposure to the Ministry of Labor and theIndustrial Court.

I quickly moved up the ranks of the organization and in 2012, I became the 2nd Vice President. My exposure in the IndustrialRelations field increased exponentially and I attended the Cipriani College of Labour Studies where I became certified in thepractice of Industrial Relations.

I became an Executive in the Joint Trade Union Movement, the Assistant General Secretary of the Movement for SocialJustice and the Communications officer for SWUTT.

Over the last four years I have sat in numerous tripartite consultation forums and national conventions. I have interactedwith labour and political dignitaries from our country and all around the world .From this, I have developed my own networkof contacts for consultation and data gathering.

Collectively I have five years of in-depth experience in Industrial Relations conciliation at the Ministry and Court, CollectiveBargaining negotiations with three different companies, case management and preparation at the court and open courtpractice.

Witnessing firsthand the shortcomings of the current system, I felt motivated to create a service that can benefit both theemployer and employee class. It is my firm belief that there need not be a war between class for each to achieve theirrespective goals. Thus , the solution I offer to end this detrimental conflict is Preventative Industrial Relations Practices”

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, CorporateLaw, Commercial Law, Insurance Law, Probate and Real Property. I have years of experience in a spectrum of areasunder 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 asrunning 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 theMagistrate’s Court (petty civil), the Court of First Instance and the Court of Appeal and having instructed severalprominent Advocate Attorneys-at-Law. I have also practiced as an Advocating Attorney-at-Law on a number ofmatters at theMagistrate’s Court.

Prior to the commencement of my own practice I was engaged with the firm of Araujo Law as an AssociateAttorney-at-Law charged with the task of managing the portfolio of a reputable insurance company within thatfirm. This portfolio was fairly large and included areas of law such as personal injury, trespass to goods, employer’sliability, occupier’s liability, payment of debt and workmen’s compensation. I was also responsible for reviewingcontracts and providing legal advice in a spectrum of areas including retrenchment, wrongful dismissal, vestingorders among others.”

C.V. 2014-03535 - Darius Tavernier v National Maintenance Training and Security Company Limited and byAncillary Claim National Maintenance Training and Security Company Limited v Marloy Stroud – Acted asInstructing Attorney-at-law for The National Maintenance Training and Security Company Limited wherein theCourt 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 thematter was successfully defended on the issue of liability.

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, thatthe 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 andknowledge in administration and management. Over the years I moved up the ranks starting as aSecretary and culminating in the position of Port coordinator. I have had to deal with almost everypossible worker issues that can be imagined and some even unimaginable. It is my belief that there isn’tany 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 Practitionerover the years, listening to him plan and strategize for arguments in negotiations and court. I have seenthe 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 inPsychology. I am also a Public Relations officer at TSTT where I have amassed over thirty (30) yearsexperience in customer service and public relations. I also have a number of years experience in Industrialrelations as I have functioned as a labour relations officer for the Communications Workers Union.”

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.

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 MATTERSEMPLOYER

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.

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 MillionDollars (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.

Trade union germination in a workplace is consequential ofpoor or non-existent Human Relations practices. Trade Unionentities are becoming more efficient and stronger. TradeUnionists are extremists in protecting the rights of theirmembers. They are becoming increasingly efficient insecuring large sums from employers for claims fornegotiations and redress by members. Case law coming out ofjudgments handed down over the last few years allows forthis efficiency to become even more precise. Trade Unions arealso becoming even more powerful with the advent of localumbrella bodies being formed and international affiliatescoming into play. With 528 trade unions existing in ourcountry, it is simply a matter of time before one infiltratesyour workforce.

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.

A business owner’s ideal of optimum profits is mostly through amore efficient operation, in that ,there should be little or nowastage 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, theideology of the workforce has deteriorated into some trying to findways to reduce “input” whilst earning a salary. This negative culturehas developed over the years as the industrial relations landscapehas become more hostile and polarized.The morale of both the working class and business class is now at adangerous low. This is threatening the very existence of theeconomic stability of the country as productivity levels haveplummeted and the cost of living has skyrocketed.

EQUILIBRIA SUPPORT SERVICES

EMPLOYER IMPLEMENTATION

DEVELOPMENTPOLICIES & PROCEDURES

IDENTIFICATIONLIABILITIES

ASSESSEMENTINDUSTRIAL 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.

• Revision and/or development of Company Policies and Procedures to ensure compliance inaccordance with National legislation and Legal precedence established.We have developed a comprehensive database of all the laws that govern Employment andHuman Rights respectively. One of the fundamentals for understanding and identifying thepotential liabilities in Industrial relations is the acknowledgement that employment rights arenot only enshrined in the labour laws, but also in the basic rights guaranteed in all legislationsthat speak on Human rights.Our point on this was validated even recently in two cases that came up at the EqualOpportunities 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 ofpolicies are in line with the Court’s interpretation of legislation and established bestpractices.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 latestrecommendations and the opinions of major International Union affiliates.After completing the policies and procedures, the final stage for enforcement of these isTraining. We conduct Industrial Relations training and development to ensure that theCompany personnel is fully prepared for enforcing the policies and procedures.

• Industrial Relations consultation on all Employee related issues arising inworkplaceIt must be understood that, despite all the preventative actions that anemployer may take to mitigate employee violations, the occurrence ofsuch will happen from time to time.What becomes important at this stage is the strict adherence to thedisciplinary process. Almost 70% of the time when an employer isattempting to reform a rogue employee, the mistakes that occur in theprocess take the focus off the action by the employee and instead, theemployer becomes the persecuted. This is simply because any deviationfrom the process infringes on the legislative rights of the employee.Whilst training and awareness may be enshrined in supervisors andmanagers for initiation of the process, the meticulousness required isbest executed by Industrial Relations professionals. The end resultensures that, should the employee choose to carry a claim to theIndustrial Court, the process adherence will be able to withstand intenselegal scrutiny.

• Management of/representation for, all IndustrialRelations matters arising in the Ministry of Labor and/orIndustrial CourtGiven that trade unions have made a business out of therepresentation of workers and there has been a lot ofmedia coverage for the successes of such representation, itis anticipated that, from time to time a disgruntledemployee may attempt to challenge the Company simplybecause he/she has the legislative right to do such.Thus, in the event that such occurs, we are prepared torepresent in matters all the way through to Industrial Courthearings.

One-off Service costThis 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 lawsand legal precedence established.

• Revision and development of Company Policies and Procedures to ensurecompliance in accordance with National legislation and Legal precedenceestablished.

• Industrial Relations Training Sessions for Managers and Supervisors on all Policies

Retainer ServiceThis 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 forissues that include but not limited to:

• Potential employee violation - Industrial Relations consultation on all Employeerelated issues arising in workplace

• Anticipation of employee exercising right make claims in accordance withIndustrial Relations Act. - Management of/representation for, all IndustrialRelations matters arising in the Ministry of Labor and/or Industrial Court

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

Industrial Relations Seminars for Management andsupervisors.

Workforce optimization: Job evaluation service, Job description

development and review, Manpower structure assessment and costreduction recommendations.

We will identify cost effective measures for fostering thepositive development of the employee/employer relationsin the organization towards the outcome of efficient productivity andprosperity for the business and the employees.

Strengthening the organization’s workforce through teambuilding initiatives. and positive psychological ideologies that are

geared towards encouragement of working and the feeling of belongingas a unit for the benefit of all.