High Court Rules Against TIWU as Ten Members Fight Suspensions and Expulsions in Legal Battle
The Transport and Industrial Workers' Union (TIWU) has suffered a legal setback after the High Court rejected its attempt to dismiss a lawsuit brought by ten members challenging disciplinary action taken against them.
In a ruling delivered on Friday, October 30, 2026, Justice Sabrina Dougdeen-Jaglal dismissed the union's preliminary application and ordered TIWU to pay the legal costs incurred by the claimants in defending it.
The decision allows the lawsuit to proceed, with the members seeking reinstatement, damages, an apology and the restoration of their union rights.
However, the ruling does not establish that the union acted unlawfully. Those allegations remain before the court.
Dispute Began During MTS Negotiations
The legal battle stems from a confrontation during negotiations involving National Maintenance Training and Security (MTS) in September 2023.
According to the claimants, several elected union representatives attended the negotiations expecting to participate in discussions affecting the workers they represented.
They allege that union officials prevented them from participating and that the disagreement escalated into a confrontation.
The members maintain that they were carrying out legitimate representative duties and were subsequently subjected to unfair disciplinary action.
TIWU disputes that account.
The union contends that some members were dissatisfied with its executive election results and contributed to the confrontation. It maintains that the incident was properly investigated and that disciplinary measures were taken in accordance with its constitution.
Nine Expelled, One Remained Suspended
The dispute intensified when the ten members received suspension letters in November 2023.
Nine were subsequently expelled from TIWU in August 2024, while Candace Trotman remained suspended.
The claimants argue that they were denied sufficient information about the allegations against them and were not afforded a fair opportunity to defend themselves.
They also contend that the union breached its constitution and violated principles of natural justice.
TIWU maintains that the members were invited to disciplinary hearings but declined to participate, and that its Central Committee was authorised to impose the disciplinary measures.
Judge Rejects Attempt to Dismiss Lawsuit
Through attorney Vonetta Adams, TIWU argued that the matter constituted an industrial dispute that should have been pursued before the Industrial Court rather than the High Court.
The union also questioned whether the claimants had established a legally sustainable cause of action.
Justice Dougdeen-Jaglal rejected the union's preliminary challenge.
In reaching her decision, the judge considered legal authorities concerning the power of courts to review decisions made by trade unions and other membership organisations, particularly where those decisions may affect members' livelihoods and opportunities.
The ruling means the lawsuit can continue in the High Court.
Members Seeking Reinstatement and Compensation
The ten claimants are Nichola Bishop, Ricardo Charles, Steve Khan, Gyatre Lindsay, Camille Ottley, Leiba Phillips, Kevon Roberts, Candace Trotman, Shelly Villafana and Nigel Williams.
They are represented by attorney Richard Jaggasar.
The members are seeking declarations that their disciplinary measures were unlawful, together with reinstatement, restoration of membership rights and a formal written apology.
They are also pursuing compensation for alleged psychological distress, humiliation, reputational harm and loss of professional standing.
Their claim includes general damages, aggravated and/or exemplary damages, interest and legal costs.
Court documents indicate that the claim is expected to exceed $50,000, although a final compensation amount has not been determined.
Legal Battle Far From Over
While the latest ruling represents a procedural victory for the ten members, the High Court has not determined whether their suspensions or expulsions breached the union's constitution or the law.
The competing allegations concerning the 2023 confrontation, disciplinary investigations and subsequent expulsions remain unresolved.
The case is scheduled to return before the High Court on November 18, 2026.
The proceedings could raise important questions about how trade unions exercise disciplinary authority and the procedural protections owed to their members.