Dear Editor,
In its publication on May 4, 2020 the Stabroek News carried a story under the caption `Teemal Judgment seen as key part of Massiah’s legacy’. This statement can be classified as a truism and from a layman’s vantage point, I would not hesitate to endorse that submission.
That judgment was designed to change the contours of industrial relations in our Republic but as the events have turned out, very little seemed to have been learnt from the three legal luminaries- R.H Luckhoo, Fung-A-Fatt and Massiah – who determined the outcome of Teemal’s case.
From the many tributes paid to the late Justice Massiah we learnt of the many high Offices including that of Chancellor of the Judiciary which he occupied but we were not reminded that he was also an Arbitrator as well as an Advocate in Arbitration Tribunals.
Be that as it may, Justice Massiah who went on to become Professor Massiah would forever be remembered for his contributions to the Teemal case.
Every law scholar sometimes selects and embraces a few main points and lessons from every significant Judgment, but in Teemal’s case, that is a difficult or almost impossible thing to do. The entire Judgment is a gem.
It contains lessons in the formation and variation of an employment contract, principles of collective bargaining, the nature and legal status of collective labour agreements, the supremacy of the Constitution and the Courts above Cabinet, an interpretation of the Labour Act, Chapter 98:01 in so far as Arbitration Tribunals are concerned, the need for Parties to an Employment Contract to be guided by ethical, moral and legal consideration, etc.
It is important to note that “Teemal” laid the foundation for the enactment of the Labour Amendment Act No. 9 of 1984 which was recently woefully misunderstood and referenced by a long-standing practitioner of Labour-Management relations.
That Act which is now a substantive part of the Labour Act, impacts the Legal Status of Collective Labour Agreements and the Arbitration Mechanisms which are now being mutilated by some practitioners.
To say the least, the Teemal Judgment is a classic. It is a work of art. It is an excellent exhibition of legal craftsmanship which has stood the test of time.
Yet, it appears not to have been widely read, properly studied and applied by those individuals who should regard it as compulsory reading material and a guide to astute industrial relations practices.
One needs only to visit the final two paragraphs of Justice Massiah’s judgment for an understanding of the depth with which he treated the many challenges thrown up by the case.
Indeed, Teemal’s Judgment is a key part of Massiah’s Legacy but I wish to submit that the current practice of industrial relations is not reflective of the rich lessons it taught, and that is very, very sad indeed.
Somehow, I seem to recall that due to the stance taken by Justice Massiah in the case in focus he was deemed in some quarters as ‘The Man of the Year’, and I am inclined to believe that up to the time of his passing he still held that title.
Yours faithfully,
Francis Carryl
