Government’s Mixed Cash‑Non‑Cash Salary Arrears Plan Sparks Truck Act Legal Debate in Trinidad and Tobago

Questions are being raised over whether Trinidad and Tobago’s Truck Act could have implications for the Government’s proposal to settle a majority of outstanding salary arrears owed to public officers through non-cash benefits. The issue surrounds the Government’s offer to the Public Services Association, which provides for 40 per cent of outstanding arrears to be paid in cash and the remaining 60 per cent through non-cash benefits. Chief Personnel Officer Dr Daryl Dindial maintained the Government’s position during a September 9 meeting with the PSA executive concerning the 2014-2016 and 2017-2019 bargaining periods. However, attention is now being drawn to the Truck Act, Chap. 88:07, and whether its provisions apply to public officers and the proposed settlement of their salary arrears. Section 5 of the Act states that, except where otherwise permitted by the legislation, the entire amount of wages earned by or payable to a worker for work done must actually be paid to that worker in money. The legislation also defines a “worker” as a person employed for wages in work of any kind, whether under or over the age of 18, while specifically excluding domestic servants. The wording raises an important legal question but does not, by itself, establish whether public officers fall within the Act for the purpose of settling these particular arrears. If the Act does apply, a further question arises over whether outstanding salary arrears representing previously earned remuneration can legally be satisfied through non-cash benefits, or whether another law, exemption or legal mechanism permits such an arrangement. The existence of Section 5 should not, on its own, be interpreted as proof that the Government’s proposed 40 per cent cash and 60 per cent non-cash arrangement is unlawful. Determining that would require consideration of whether the Truck Act applies to public officers, the legal character of the outstanding arrears, other legislation governing the Public Service, and any applicable exemptions or judicial decisions. The issue nevertheless raises questions that public officers may want answered before any settlement is concluded. Does the Truck Act apply to public officers? If it does, can salary arrears legally be settled partly through non-cash benefits? And if the answer is yes, what provision or other legal authority permits the proposed 60 per cent non-cash component? The matter also raises the question of whether the PSA has obtained legal advice specifically addressing the Truck Act and, if so, whether that interpretation will be communicated to its membership. With substantial sums in outstanding salary arrears at stake, clarification of the legal position could provide public officers with a clearer understanding of their rights and the options being presented to them before any final agreement is reached.