Fw: Undeliverable: Dismiss, Remove or Discipline the Industrial Court (IC) Judge and All Others Involved in ESD-TD 010/2013; Dismantle and Overhaul Every Element of the Industrial Court

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Nizam Mohamed

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May 26, 2025, 11:32:53 PM5/26/25
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Subject: Fw: Undeliverable: Dismiss, Remove or Discipline the Industrial Court (IC) Judge and All Others Involved in ESD-TD 010/2013; Dismantle and Overhaul Every Element of the Industrial Court



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Message-ID: <700788428.39624...@mail.yahoo.com>
Subject: Dismiss, Remove or Discipline the Industrial Court (IC) Judge and
 All Others Involved in ESD-TD 010/2013; Dismantle and Overhaul Every
 Element of the Industrial Court
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The bias, whimsicality and inefficiency of the Industrial Court has once again become topical. But, is this too difficult to understand: no Trinidadian has the courage, selflessness, integrity, devotion to duty or common concern to speak the truth of the Industrial Court and its decadent, false judges. Notwithstanding anything anyone states, I assert the following with every emphasis in me: direct experience has taught me that the Industrial Court of the Republic of Trinidad and Tobago is a chaotic, biased, false, vindictive, petty, ignoble, unworthy, arbitrary, dangerously incompetent court. Furthermore, Larry Achong, the President of the Essential Services Division of this posturing, fraudulent court, is himself a posturer and a fraud – a vulgar, porcine, biased, vindictive, boorish, prejudiced, hollow fraud.  

Nizam Mohamed, 374-8354; nizam_mo...@yahoo.com

Water Reserve Road, La Fillette Village, North Coast

PO Box 3805, Upper Santa Cruz

February 6th, 2025

 

Her Excellency, Christine Kangaloo, O.R.T.T. (in...@thepresident.tt)

The President of the Republic of Trinidad and Tobago

The Presidency

Circular Road

St. Anns       

 

Your Excellency,

 

Dismiss, Remove or Discipline the Industrial Court (IC) Judge and All Others Involved in ESD-TD 010/2013; Dismantle and Overhaul Every Element of the Industrial Court

 

Notwithstanding anything anyone states, I assert the following with every emphasis in me: direct experience has taught me that the Industrial Court of the Republic of Trinidad and Tobago is a chaotic, biased, false, vindictive, petty, ignoble, unworthy, arbitrary, dangerously incompetent court. Furthermore, Larry Achong, the President of the Essential Services Division of this posturing, fraudulent court, is himself a posturer and a fraud – a vulgar, porcine, biased, vindictive, boorish, prejudiced, hollow fraud. This arrogant judge dismissed my Trade Dispute, ESD-TD 010/2013, without hearing it – and THEN READ ALOUD A LETTER I WROTE COMPLAINING OF THE INJUDICOUSNESS AND CHAOS OF THE INDUSTRIAL COURT. This letter, dated June 16, 2014, is attached. Immediately after dismissing it, he blurted out: “this is the worker that wants justice from this court” and then read my complaint. In other words, he had literally prejudged me and my Trade Dispute. I HAVE NEVER HEARD OR READ OF SUCH INJUDICIOUS BEHAVIOUR ANYWHERE IN THE MODERN WORLD. He was flanked by two comically obsequious judges: Justices Maharaj and Rabathally – in effect, a racial rainbow of prejudice, vindictiveness and injustice. It is incredible to me that this petty, porcine, Orwellian judge is still being allowed to decide and destroy the careers and lives of decent, hard-working, brave workers – as HE DESTROYED MINE. It is a shame, a commentary on the favouritism, apathy and incompetence of all who appointed him and all who continue to tolerate him.

What precipitated my decision to write this complaint – what prompted me after all these years – was the recent judgement of the Industrial Court in the Trade Dispute between TSTT and CWU. I was shocked to learn that Larry Achong – a vulgar, petty, boorish individual is still a judge of the Industrial Court. The judicious, if not exalted, language used in the judgement – whether calculated or not – misleads the reader into believing that this court is an efficient, unbiased, justice-dispensing court – when it is really the opposite. In fact, it is a smugly whimsical, vindictive, chaotic court – it is every insane adjective I list above. I will preach this gospel of truth anywhere, anytime, anyplace – whether private or public, verbal or written.  

Of course, I know that Your Excellency does not have the legal authority, never mind the will or the character to dismiss, remove or discipline Larry Achong and all others involved; yet still I ask. I am quite aware that, like almost all public executives and regulators, you may perform incredible gymnastic manoeuvres simply to evade involving your excellent self in the grievance – as did the two previous Presidents. Both were similar, but not as bad, as all the smugly incompetent judges, lawyers and trade union officials with whom I interacted. The lawyers and the Law Association were among the worst of them.

To be sure, with all my faults, I know no lawyer, judge or trade union official who is more qualified, who has more life experience and who is more magnanimous, ethical and objective than me. They all seem lazy, diseased, greedy, apathetic, parasitic and corrupt, hungering after their clients’ hard-earned money, or after State benefits. These sad qualities especially refer to my then attorney, Egon Embrack, to the attorney hired by the PSA, Richard Bullock and to the PSA 1st Vice President, Christopher Joefield. The PSA was directed by a Consent Order to refer my Grievance to the Industrial Court as a Trade Dispute and to pay my attorney, Egon Embrack, two thousand dollars an hour to help represent me on its (the PSA’s) behalf. It was ordered my Madam Justice Judith Jones. Watson Duke, then President of the PSA, had betrayed and abandoned me to the petty vindictiveness of WASA’s CEO, Ganga Singh. Ganga Singh tried to fire me. Watson Duke falsely promised (lied) to assign a senior counsel attorney to my case. He instead assigned one, Douglas Mendes if I am not mistaken, to his own case and promptly and callously betrayed me. RICHARD BULLOCK, WAS ADVISED BY OFFICIAL PSA CORRESPONDENCE TO REPRESENT ME, BUT HE NEVER SHOWED. EGON EMBRACK ARRIVED LATE FOR THE TRIAL, PROMPTING THE COURT TO DISMISS THE TRADE DISPUTE BECAUSE OF THE PSA’S ABSENCE. Of course, later events exposed the ugly fact that Larry Achong would have dismissed it under any circumstances. Christopher Joefield, who I helped become the PSA’s 1st V.P., only showed at the reinstatement trial. What was before the injudicious, absurd Larry Achong was the reinstatement of the Trade Dispute.  

Moreover, although my attached letters detail the chaos and arbitrariness of the Industrial Court, nevertheless I still think it is important that I remind you of the disorder on trial day. The trial was scheduled for 9 a.m. No room location was stated. I arrived early and waited. No one showed and no one called anything – as happens in the Magistrates’ court. Around 9:30 am, I saw the WASA personnel arrive – Newton George, Surendranath Dookie and Augustus Harilal. They ignored me and entered a court room. I followed them. My attorney and the PSA representatives were absent. There was a trial ongoing in the Court room. I sat in front of the WASA team – that was another of my tragic mistakes. Sometime later, I looked around and they were gone. I hurried out into the corridor. I saw no one. I eventually asked a clerk about the trial. He said the case was called, the WASA team showed and stated that they saw no PSA officials or aggrieved worker. The Trade Dispute was dismissed. No PSA official showed. My attorney, Egon Embrack, arrived late. After Larry Achong dismissed the case for the reinstatement of the Trade Dispute, I was told that the PSA had two weeks to appeal. It did not. It once again abandoned me. My lawyer also did nothing. It took a Legal Claim against the PSA and the resultant Consent Order to compel it to refer my grievance to the IC as a Trade Dispute. It would take another Legal Claim or a Contempt of Court action against the PSA to compel it to appeal the judgment. My attorney was not interested. He wanted more money. I had none.  I was struggling financially – more so at present – not only because of WASA’s underdevelopment of me, but also because of the cost of the Legal Claim against the PSA. THE ENTIRE TRAGIC, HORROR STORY ENDED THEN AND THERE.  This the true nature of the Industrial Court – chaos, vindictiveness and injustice. All embodied and epitomized by Larry Achong.

I write again to you in your role as appointer of the judges of the Industrial Court: judges who include its President and Vice President (Industrial Relations Act, 1972, Part 1, Section 4 (3).) In my first letter to you of February 06, 2014, I expressed a hope to escape victimization for my quite legitimate complaint of the Industrial Court: “Your Excellency, please allow me to say that I hope that the Industrial Court does not victimize me for this complaint” (page 4.) Notwithstanding this plea, nevertheless victimization is exactly what the Industrial Court meted out to me.

The behaviour of the judges on February 11, 2015, in the Industrial Court on Trade Dispute ESD-TD 010/2013, is the most compelling argument for the Republic of Trinidad and Tobago to retain the Privy Council as the final appeal court for civil cases.

Furthermore, what is absolutely shameful about Larry Achong’s and the Industrial Court’s behaviour is this: I was there to obtain justice and redress for MORE THAN A DECADE OF THE MOST TORTUROUS VICTIMIZATION AND UNDERDEVELOPMENT THAT AN EMPLOYER COULD INFLICT ON AN EMPLOYEE. Watson Duke, without any comparable service, qualification or experience, negotiated himself into a manager post on WASA’s organization structure. He then promptly left via a voluntary early separation plan with a huge backpay, gratuity and pension. In starkly shameful contrast, I was forced to file a Legal Claim against Watson Duke’s PSA – not only to be placed in a manager post in which I was already acting – but to avoid dismissal.  Unlike every WASA worker and PSA official I know, I am a self-made man. I STRUGGLED MY ENTIRE LIFE TO IMPROVE AND TO DEVELOP MYSELF. I HAVE NO PEERS. In fact, I did not engage in sex with Ministers and other public official in order to obtain a government property, as I know many childless women have done – as I KNOW many female WASA workers have done. Your Excellency, YOU SHOULD INVESTIGATE IF ANY WASA EMPLOYEES OR PSA EXECUTIVES – INCLUDING WATSON DUKE – ILLEGALLY OBTAINED HDC PROPERTIES UNDER THE PP AND UNC GOVERNMENT. The PSA has an agreement with the government for HDC properties for its members. All my degrees – my Associate, my Bachelor’s, my Master’s, and all my Diplomas – were obtained without WASA’s help. Indeed, this denial of study loans and study leave forms part of the subject of the Trade Dispute. I did not engage in sex with lecturers in order to gain first class honours degrees, scholarships and teaching positions – as I know many women have done. WHILE AT THE UWI, I WAS SHOCKED TO SEE JUST HOW MANY WOMEN (SOME OF WHOM WERE ACQUAINTANCES) ENGAGED IN SEX WITH LECTURERS SIMPLY TO GAIN PREFERENTIAL TREATMENT. SOME OF THESE WOMEN ARE NOW IN INFLUENTIAL POSITIONS IN THE SERVICE OF THE GOVERNMENT, OTHERS HAVE BECOME MOUTHPIECES FOR THE SO CALLED “FEMINIST MOVEMENT,” STILL OTHERS ARE PROMINENTLY POISED IN MEDIA HOUSES. FURTHERMORE, I DID NOT ENGAGE IN SEX WITH UNION EXECUTIVES, POLITICIANS OR PUBLIC EXECUTIVES IN ORDER TO GAIN EMPLOYMENT, PROMOTION OR PERK – AS NUMEROUS WASA WOMEN HAVE DONE. BY NO STRETCH OF THE IMAGINATION, CAN THESE EMPLOYEES BE CONSIDERED MY PEERS. While WASA victimized and ridiculed me for complaining of co-employees who were engaged in serious criminal activity, I remained firm and unyielding in my criticism.

Additionally, my Legal Claim against the PSA – CLAIM NO: CV 2012 -03326 – and my Trade Dispute against WASA – ESD-TD 010/2013 – describe the most horrendous, torturous victimization. I was denied every right, benefit and entitlement due to me under our Collective Agreement, under the Industrial Relations Act and under industrial relations norms. I was denied study leave, study loans, vacation leave, vacation loans; I was denied resources as fundamental as a computer, staff and an office – I would simply wander around WASA’s compound; I was denied not only promotions, but appointments; on two occasions I was evicted from offices and cubicles, my belongings strewn along corridors for all to see – I do not exaggerate. Over the years, I filed three High Court Actions against the PSA and four Pre-Action Protocol letters against WASA – simply to avoid shamefully false, vindictive, inhumane dismissals.

MOREOVER, EVERYTHING IT DENIED ME, IT CORRUPTLY GAVE TO FEMALE EMPLOYEES WHO ENGAGED IN SEX WITH MANAGERS, UNION OFFICIALS AND POLITICIANS. Not one scripture-quoting, church-going, god-fearing fellow employee, not one fist-clenching, table-pounding labour executive or any self-called principled labour organization lifted a finger to help. For complaining of co-employees who exchanged sex for preferential treatment (modern, elitist prostitutes), of employees who buggered boys and who used and transported marijuana on the job -- and of the managers who facilitated, protected and promoted them -- I was viciously victimized and organizationally tortured; I do not exaggerate. WASA thought that it would torture me into silence. It was wrong.

 

Undoubtedly, Larry Achong should be removed. I was before the Industrial Court seeking redress and justice for all this victimization – but it was all in vain. LARRY ACHONG MADE SURE OF THAT. Since my Dispute was dismissed in 2015, I have observed through media reports many aggrieved workers – whose grievances were not as serious as mine – obtaining justice in the High Court and in the Industrial Court. I am happy for them. Larry Achong calculatingly and vindictively ensured that I was denied not only my much-deserved redress, but also my “day in court.” He should not be allowed to determine the fate of decent, civic-minded workers. In fact, if after reading this letter, any concerned attorney wishes to file a Legal Claim against WASA, the PSA or even against the Industrial Court on my behalf, he or she can contact me.

Direct experience has taught me that there is no justice anywhere.

I do not intend to rewrite my previous complaints of the Industrial Court – they were exercises in futility: no one responded to them and they only resulted in further victimization. Please read the attached copies.

Moreover, I reiterate: NO INDIVIDUAL OR ORGANIZATION LIFTED A FINGER TO HELP ME. IN FACT, MANY CONTRIBUTED AND BENEFITTED FROM THE ESCALATION OF MY PLIGHT. No lawyer, judge, trade union official or public executive helped me – with the outstanding exception of Madam Justice Judith Jones.

Consequently, for this and other reasons, I will copy this letter to regional and international legal and judicial courts and organizations. I especially refer to the Judicial Committee of the Privy Council. In its judgement in the case of The Law Association vs The Chief Justice, the esteemed Law Lords mention the idea that Trinidad’s attorneys were in the best position to know Trinidad society. I disagree, personal experience has taught me that our attorneys, our judges, our trade union representatives and other representatives know only greed, unconcern, self-advancement, elitism, unethicality, evasion and corruption – they are completely out of touch with the reality of Trinidad and Tobago.  Please read my letter to the Privy Council on the true nature of our judicial and legal system. The following is an excerpt from that letter on the Industrial Court:

“The Industrial Court was supposed to right these torturous, horrible wrongs – was supposed to provide justice and reparation. It took a Court Order to compel the President of the PSA, Watson Duke – a corrupt, greedy liar and betrayer -- to refer my Trade Dispute to the Industrial Court.

As you will now see, the Industrial Court – similar to everyone else – treated me as a“dutty stinking coolie”.

The President of the Republic of Trinidad and Tobago appoints the judges of the Industrial Court: judges who include its President and Vice President (Industrial Relations Act, 1972, Part 1, Section 4 (3).)

The IC dismissed my Dispute without hearing it. In other words, justice and reparation for almost thirty years of “harsh and oppressive” victimization and organizational torture were denied me. With this dismissal, it all went up in smoke. The unworthy quorum that dismissed the dispute comprised a rainbow of races: the President of the Essential Services Division, Larry Achong, is a mix of Chinese, vindictiveness and something; Judge Maharaj is a Hindu of East Indian descent, mixed with castrated obsequiousness; and Judge Rabathally seems to be a mix of Caucasian/Syrian, mindless pomposity and something.

Undoubtedly, they were so brazenly and demonstrably injudicious because they saw me as an insignificant “dutty stinking coolie” – although, ironically, one of these judges is of “coolie” extraction.  

To understand the injudiciousness, pettiness, bias and overall corruption of the Industrial Court (the IC,) you must understand its brazen vindictiveness: after dismissing the case, the presiding judge. Larry Achong, read out my letter of complaint against the Industrial Court. He then exclaimed, after reading it, “and this is the worker that wants justice from this court.” The letter of complaint was not addressed or copied to him. To be sure, it was a legitimate, truthful letter addressed to the President of the Republic of Trinidad and Tobago in his role as the appointer of particular IC judges. Larry Achong and the other unworthy, false judges still determine the careers and lives of workers.

Predictably, at the core of all this massive injustice are lawyers. Contributing to, if not generating, this dismissal and the resultant injustice was Egon Embrack, Attorney at Law. Mr Embrack committed one of the worst wrongs an attorney can commit – he abandoned me on trial day. Sometime in 2014, in the Industrial Court, in a Trade Dispute where he was ordered by High Court judge Madam Justice Judith Jones to represent my interest on behalf of the PSA, he (Mr Embrack) arrived late. My Dispute was dismissed without being heard – not only because of Mr Embrack’s tardiness, but also because of the cunning, amorality and utter corruption of WASA executives: the Trade Dispute was between WASA and the PSA. THIS DISPUTE WAS SUPPOSED TO ADJUST, REDRESS AND PROVIDE JUSTICE FOR THREE DECADES OF BRAZEN ORGANIZATIONAL VICTIMIZATION AND TORTURE BY WASA. I was employed by WASA from 1983 to 2013. During that time, I filed four pre action letters against WASA and three Legal Claims against the PSA. Moreover, even during the trial to have the Dispute reinstated, both he (Embrack) and the PSA representative, Christopher Joefield, were casual, unprepared and falsely confident – in a word, incompetent. That case too was dismissed. I wrote more than ninety percent of both the Trade Dispute and the Legal Claim against the PSA and I myself presented my case during the Case Management Conferences (CMCs) – the judge realized immediately that Mr Embrack was obviously inadequate. I paid Mr Embrack approximately thirty thousand dollars in legal fees. The Consent Order that resulted from it directed the PSA to pay Mr Embrack two thousand dollars ($2,000.00) an hour to represent me on behalf of the PSA. Through his interaction with PSA executives, the PSA eventually retained him to represent its members. Mr Embrack did not reimburse me in any way whatsoever for the work done by me and he did not confide to me how much money he earned from the PSA – all because of my efforts and my risk. But much more important is this: his inadequacy, his failure, his unethicality caused me to lose whatever reparation, justice and compensation the Industrial Court offered. This is no storm in a teacup, no minute molehill. To understand the horrific failure of Mr Embrack, you simply have to understand the torture inflicted on me by WASA:

In the same way that no one – especially no media worker – tells the ugly truth of Watson Duke, so too NO ONE TELLS THE TRAGIC TRUTH OF THE INDUSTRIAL COURT. There is too much truth being sacrificed on the altar of political correctness, being sacrificed to gods of self-advancement, gutlessness and greed. Tragic, personal EXPERIENCE has revealed the truth of the Industrial Court to me: it is petty, vindictive, chaotic, unethical, biased, castrated, whimsical and importantly, completely injudicious. It is not enough that the Industrial Relations Act traps the helpless worker between the Union and the Employer, now we have an Industrial Court that further victimizes and oppresses the worker rather that provide him with justice and reparation.

I know now, a little too late, that these people – the IC President, the IC judges and other IC executives – are shameless epitomes of hypocrisy. In complaining of the insanely unjust treatment meted out to me by the Industrial Court, I procrastinated literally for years (my interactions with the IC happened from 2013 to 2015) because just the thought of writing about these insane, unjust events demoralized and debilitated me: paralysed me with extremes of rage on one hand and on the other, depression. Very dark thoughts polluted my mind: mainly self-destructive thoughts, of suicide and of homicide. Everyone profited from my organizational torture – everyone in WASA, in the PSA and later in the Industrial Court. I eventually realized, a little too late, that from the highest public executive to the lowest – all are cosmetic, ineffective, unconcerned and generally self-absorbed.

The website of the Industrial Court proudly states the mission of the Court: “The Industrial Court’s Mission is to be an independent and efficient organization dispensing social justice.” This is the most demonstrably offensive propaganda. If anyone who reads this letter wants me to say what I say here in any other forum – public or private – I will willingly do so. Indeed, I welcome any public debate on the decadence, chaos, castration and whimsicality of the Industrial Court.

What happened here – and what continues to happen – goes beyond incompetence, apathy, vindictiveness and injustice, it has entered the realm of insanity. One need look no further for the cause of the absence of confidence in lawyers, in the judiciary and in the justice system. I was and remain a “dutty stinking coolie” to the Industrial Court.

I feel like a Brown brother from another planet trapped in a Black Hole of Hell.”

To conclude: I resurrect the issue of the chaos and whimsicality of the Industrial Court and the obvious vindictiveness of Larry Achong mainly because the Court’s recent judgement in the case of TSTT v CWU wakened the issue in me. It is shocking to me that a judge as obviously vulgar, biased, vindictive, petty and unethical as him should still be a judge in the Industrial Court – that he should still be deciding the fate of other human beings.

I request a public debate on this issue. I will debate the issue of the failure of the Industrial Court anywhere, anytime with anyone. I consider it my duty to once again request that he – Larry Achong – be immediately removed and that the Industrial Court be dismantled and overhauled.

I turn 63 on June 1st, 2025. My life has been one tragedy after another. I do not know what future I have, but I am ready for anything.

Yours Respectfully,

                                  

Nizam Mohamed, Dip. (PR), AA (IR), BA (Lit. in English), PG Dip (Pub. Admin.), MA (Mass Comm).

Cc: Heads of all major Unions

The PM, the Chief Justice, the AG, the Privy Council, the Judicial and Legal Service Commission and other judicial and legal organizations, The Ombudsman, the ILO and other labour organizations, my MP, all other relevant individuals and organizations – including Transparency international, the International Law Institute, the International Court of Justice, the United Nations Office on Drugs and Crime (UNODC,)


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