Annual Report of the Judiciary of Trinidad and Tobago 2012-2013 Annual Report 2012-2013 | Page 21

Introduction Our people are the key to our success as an organisation. The Judiciary remains committed to enabling its staff to shape and bring to fruition the ideas that ensure it is always on a progressive path towards fulfilling its mission and realising its vision. It is understood that this requires a shift in mindset from one where employees work in the organisation but are not engaged, to one where they identify with the purpose, values and vision of the organisation. It is in this context that the Judiciary sees a deep and extensive need for the development of its human and organisational capital, and has taken the necessary steps to make sure that these needs are met. The steps include modernising governance and organisation structures and staffing systems; implementing a training and development plan that focuses of change, transformation and performance improvement; and putting systems in place to support the employee’s work and work-life balance. Modernising Judiciary Governance, Organisational Structure and Staffing The Judiciary continued with its initiative to review and strengthen its structures and systems for governance. This initiative commenced in 2012 in light of the fact that in order to meet the mandates of the organisation and the needs of those that it serves, the system by which the Judiciary is directed and controlled must be aligned with said mandates and needs. The critical areas of the Judiciary’s governance system that is currently being addressed are those interfaces between the Judiciary and the Executive that have impacted on the organisation’s ability to successfully achieve its mandate. These include the human resource management and financial management functions in the organisation, among others. In this regard, during the period under review, discussions continued with the Ministry of Public Administration to create and implement a model for its human resource function that is in line with the current and future needs of the organisation. The discourse included an examination of critical weaknesses in the Judicial system, with a view and rationale for reviewing and improving those aspects of governance that are crucial to the organisation’s success but for which there is little direct control by the institution in the decision-making process. Focus was also placed on the challenges faced by the Judiciary regarding its ability to successfully oversee and control its human resource function to ensure close alignment between the philosophy, goals, objectives, policies, practices and procedures of public sector human resource management on the one hand, and the organisation on the other. Over the last two decades, the Judiciary has been under pressure from stakeholders both within and outside the institution to effect major changes in the way the organisation’s business is conducted so that the timeframes within which cases are generally disposed can be decreased. Similar calls have been made for all justice system actors, regionally and internationally. The critical issue for the Judiciary of Trinidad and Tobago, however, is how well poised it is as an institution to manage and achieve the justice standards of access, timeliness, equality, fairness and integrity with the level of success that its mandate, its customers and stakeholders, as well as the State’s international obligations, demand, presently and in the future. This issue speaks directly to the Judiciary’s level of human and organisational readiness to meet these challenges. There is a well documented chain of reports and studies that goes as far back as 1852 in which the case has been made for the Judiciary of Trinidad and Tobago to be given greater autonomy in its administrative decision-making and for the management of its resources, as key strategic enablers for the organisation. This need has been borne out by the number of reform initiatives of the Judiciary over the years, which has had to face the challenges of an evolving Trinidad and Tobago and the attendant demands on the Ins titution. Reform of the Civil Justice System, establishment of a Department of Court Administration (DCA) and a Trinidad and Tobago Judicial Education Institute (TTJEI), and development of a Family Court, are among some of the transformation efforts that were implemented. Their full development and impact were stymied however, because of many constraints. For instance, in order to be effective the systems resulting from the reforms would need more competitive and timely terms and conditions for contracted officers; a reduction in the number of external agencies for which review, comments and recommendations must be sought prior to approaching Cabinet for approvals; a modern human resource management information system with the flexibility for managing all aspects of the human and organisational capital; more consistent, clear, and modern policies on public sector human resource management, including compensation and performance management, and control over the assignment and re-assignment of Public Service staff. The organisation’s experience has shown that its administrative systems for managing its performance are heavily intertwined with a range of policies, rules, and directives for financial, human resource, and information and communication technology management, all of which have been developed to provide accountability in the public sector as a whole, but for which policy implementation and administration do not currently permit the Judiciary’s mandate to be recognised and accepted by the public sector as a special case. This approach has adversely impacted the Judiciary’s ability to develop and implement effective measures to successfully fulfil its mission. 19 Reshaping the Judiciary Identity