Appellate Judge, Justice Charmaine Pemberton is expected to provide written reasons to the Board of Petrotrin and the Oilfields Workers’ Trade Union by next Monday as to why she stayed the injunction.
Her decision meant that the injunction will have no effect unless the union is able to convince a full panel of Appeal Court Judges at the hearing of Petrotrin’s substantive appeal scheduled for next Thursday that the Industrial Court was justified in granting the injunction.
In its notice of appeal, Petrotrin raised 15 grounds as it challenged seven legal findings made by the Industrial Court.
The company’s attorneys claim that the Industrial Court had no jurisdiction, as the industrial relations offence complaint filed by the union is a criminal offence that does not lend itself to injunctive relief.
It also claims that the court erred when it ruled that the company had a duty to consult with the union.
The company is also contending that the court failed to fully consider its evidence over the impact of Petrotrin on the national economy.