Non-Enforcement and Mockery of Election Laws

Many who scanned the Sunday Sun today [3/8/2014] to get a read of Caswell’s column encountered disappointment. BU is pleased to assist the Nation Publishing Company in making an ABC editorial decision – Barbados Underground

Caswell Franklyn, Head of Unity Workers Union

Caswell Franklyn, Head of Unity Workers Union

On July 6, 2014 the country was informed via the Sunday Sun that the 68 candidates in the February 21, 2013 general election spent just over $2.2 million on their election bids.

The report went on to say that regional political pollster, Peter Wickham, had voiced his concern about the manner in which the figures were collected. He called for a more robust system to collect the figures and suggested that the money declared had nothing to do with what was actually spent by the two major political parties.

Up to that point, I am in complete agreement with Mr. Wickham. Thereafter, his analysis exposed a gap in his knowledge of our electoral laws that caused him to make some erroneous conclusions. As a result, he merely provided excuses for politicians operating in our flawed electoral system. Barbados has more than adequate election laws to handle any perceived irregularity; the problems come from the lack of enforcement.

This week I intended to write part 3 of my mini-series on pensions but I could not allow the information attributed to Mr. Wickham to take root and spread. However, I would first like to deal with the one area on which we agree, and that relates to the under-reporting of election expenses.

Within seven weeks after the result of the election is declared, the Representation of the People Act, at section 52, requires the election agent of every candidate to transmit to the Supervisor of Elections a statement of all payments made by the election agent together with all bills and receipts. The supervisor is then required by section 59 to publish the return, within fourteen days of receipt, in not less than two newspapers and inform the public that the return may be inspected at the Registration Office.

Section 60 goes on to require the Registrar to keep the returns for two years and make them available for inspection on the payment of a fee of one dollar. Also, copies are available at a fee of ten cents for each hundred words.

Accompanied by two independent candidates, I went to the Registration Department where we paid for and obtained copies of the returns for selected candidates of the ruling party. On inspection we were immediately able to discover why none of the candidates exceeded the spending limits. Solely from checking the documents, we concluded that the candidates did not have posters or other printed advertising material; or rather no expenditure on any such thing was declared.

This is why I have difficulty with Mr. Wickham’s assertion that the Electoral Office has no capacity to audit the statements submitted by candidates. All the resources required to determine that the statements were incomplete would have been one good eye.

He went on to detail a number of scenarios where expenses could be incurred by the candidate’s party, or some other third person. However, if any of those situations arose, the secretary or similar officer of the party or other donor would be required to complete one of the prescribed forms (Form 4) attesting to that expenditure, in accordance with section 52 of the Representation of the People Act. Subsection 3 (d) states, in part:

(3) The return shall also contain in respect of that candidate –

(d) a statement of all moneys, securities and equivalent of money received by the election agent from the candidate or any other person for the purposes of election expenses incurred or to be incurred, with a statement of the name of every person from whom they are received.

None of these forms were filed on behalf of any of the candidates that we checked which would therefore mean that the election was funded solely out of the personal resources of the candidates.

That brings me to an article entitled, “Ban Begging” which appeared in the June 22nd edition of the Sunday Sun. In that article, Mr. Ralph “Bizzy” Williams recommended that politicians should be barred from soliciting funds from individuals and companies to help run their election campaigns. Mind you, if the election returns are anything to go by, Mr. Williams would have no cause for concern since according to the returns all the candidates were unsuccessful in their fund raising efforts.

During my research, I came upon a situation that intrigues me, and for what it is worth, I think that I shall share it. Under section 41 of the Representation of the People Act, a candidate is required to appoint an election agent, who can be the candidate himself or some other person. That appointment can be revoked in accordance with subsection (3). Thereafter, subsection (4) states, in part:

“Where, whether before during or after the election, the appointment of an election agent is revoked or an election agent dies, another election agent shall be appointed immediately…”

As we have seen earlier, the agent is required by section 52 of the Representation of the People Act to transmit a true return of all the payments made within seven weeks after the result is declared. One of the candidates in the last election submitted his own return. He did so without first revoking the original appointment and appointing himself as agent.

I am therefore wondering if the return was properly filed in accordance with the law, and what would be the effect in light of section 56 which states:

“Where, in the case of any candidate, the return and declarations as to election expenses are not transmitted before the expiration of the time limited for the purpose, the candidate shall not, after the expiration of that time, sit or vote in the House of Assembly as a member for the constituency for which the election was held until either the said return and declarations have been transmitted or until the date of allowance of an authorized excuse for failure to transmit the said return and declarations, and if he sits or votes in contravention of this subsection he is guilty of an offence and is liable on summary conviction to a fine of one hundred dollars for every day or part thereof on which he sits or votes”.

I there think that it is reasonable to ask, Is Mr. Sinckler properly seated in the House of Assembly or am I just tilting at windmills?

93 thoughts on “Non-Enforcement and Mockery of Election Laws

  1. The Nation had to payout 100 grand less the lawyers 30% cut of course to Sinckler and they are rushing for the hills. Yet they wonder why John Citizen running to social media. Damn ignorant…

  2. @caswell franklin, Bajans will eventually have no choice but take to the streets as we have been betrayed by Mr Stuart and friends.

    Who sits in our parliament and is a US citizen?

  3. Walker

    You have made a very serious allegation, it is against the law to be a citizen of the US and be a member of Barbados’ parliament. If you know that for a fact, publish the information. We would be able to get rid of at least one.

  4. Caswell, Walker, is absolutely correct! It is also against US law to be a member of a foreign army and be an US citizen etc…..

  5. Dompey | August 3, 2014 at 9:21 PM |
    Caswell, Walker, is absolutely correct! It is also against US law to be a member of a foreign army and be an US citizen etc…..
    So where does it put those US Citizens, like the one who was killed recently, who leave the US and go back to Israel to fight. Is there a special clause pertaining to them, or is the IDF not considered a ‘foreign Army”

  6. I am therefore wondering if the return was properly filed in accordance with the law, and what would be the effect in light of section 56 which states:

    I have seen a statistic today which claims 23 out of the 30 MPs are lawyers.

    Can you say if this allegedly false return was made by one who is a lawyer?

  7. Colonel Buggy

    This is true….. this case was brought by for the US Supreme Court by a Jew who was an American citizen living in Israel. And as you well know: it is mandatory for all males in Israel to serve in the armed forces.

  8. The US immigation revolted the Jew citizenship for serving in the Israeli armed forces, upon arrival in the US. The Jew then appealed and his case when before the US Supreme Court and he won. I am not quite sure, but I think the Jew victory was due in part to Israeli male draft. The mandatory provision for all males to enlisted in the armed forces!

  9. Here is an historical American fact Colonel: President Abraham Lincoln, revolted General Lee citizenship during the Civil War, and it was reinstated after the war. Treason was the charged!


    In Barbados have a Nasty bunch of lawless lawyers and fraud men and women looking for power and Rolls Royce ,They all could have save the tax payer 100,000 us by just getting a Bentley ,
    Vote buying and cash for Gold went hand and foot.
    Both side did all they can to pull a fast one on the Public, Now they have to pay back the White Pimp Masters a good return on their Return to Office,
    At the end of the day the History Books will be littered with All the names of the crooks, We are so Glad for the internet, As the PM said he saw vote buying and BFP/CUP was a non-National,
    Let the World know Being kidnapped and brought to the US of A never took from Me who or what we stood for, After 40 Years in the US still Bajan, No US passport nor Citizenship nor applied for.
    So PM you lying rats ass , Lets hope the Jail you will see for crimes against the State dont come soon enough ,Along with the other lawless , PIMP title holders, DPP need to be removed also and let the COP and the rest of the Police do their work and lock you all up for the crimes the World know so well.

    • Even at this stage the lack of outrage by Barbadians AND the Opposition sums it up doesn’t it? It aptly demonstrates how we have allowed political partisan politics to compromise our sense of what is right, supported by an attitudinal level of ignorance by civil society including the media.


    David@ Tony Best at his worse is part of the Problem , He seems to be in everyone’s Pockets when it comes to reporting , As sad before by Plantation Deeds . Tony Best is in New York Blocking the NEWS at CARIBNEWS and in Barbados doIng the same even at BRASSTACKS on Radio with the commentator blocking the true giving Bajans the feel like they really care ,long and longer talking, With only one TV station control by Both parties . To only spit out more lies and to listen to the people on the street talk it like it is news,
    The Divergent in us all need to see them for what they really are, As said and will keep saying , CROOKS, LIARS AND SCUMBAGS, RUNNING Barbados in the the bad part of the Bible.
    The Church is no help as even they may ask for more money on Sundays just to pay the waste taxes,
    Watch as the other half of control government, the CHURCH where there is no separation of CHURCH AND STATE ARE THE SAME FOOLS..
    Stay home and read your Bible and leave man out of it ,Study your home work and google , you may find more truth on the net than the government or the church , Ask the tough questions to these pimp title holders and see and take note of the answers ,
    Bajan have till next elections to learn more about who they voting for , We know of people who got money to vote for the DLP , other police men saw the same crimes, Your PM say it also as reported, Mia mother was reported giving out money? Person took pictures as proof on how they voted to be paid, All under the rug, do not walk in the dark and trip on this massive bump in the rug and fall on your faces , clean it up and get Barbados back to work,

  12. @John@10:08 pm -By my count there are only 12 layers in the House of Assembly.

    @ David@ 8:38 pm -Was the settlement by the Nation in respect of this column by Caswell? Nothing seems wrong with it so long as the facts are true.

  13. @jeff cumberbatch @ caswell franklin Barbados is like a diseased tree where you have to cut off the rot to save the rest of the tree. In this case it’s the corrupt and incompetent politicians

  14. So the amounts spent is not a true representation of what was declared. Why should any be surprise. Those with the power to deal with it under the legislation no too very well that any such attempt would land them in hot victimization water when the party attains the reigns of power. Such is the nature of our politics and the fear of our civil servants. Those who make the law have indicated point blank that only them have the power to break it and get away with it. So what is the basis for this post. More exposure? More DLP and BLP corruption? What is the purpose. I mean if the piss poor (wanna appear squeaky clean) corrupt PM said he saw vote buying and did nothing about it; well one can only conclude that he played his part in it. SO ITS NOT A PROBLEM. All this digging and yet nothing.

  15. What Nation what!!
    The Nation is NOT interested in any integrity or openness in government as is Caswell’s focus. The Nation is the PR arm of the OCM movement whose aim is to CARICOMize (Trinidadianize) Barbados and the rest of the region.
    These jackasses in our parliament are perfect patsies, so there is no need to pressure them, OR to promote transparency which would compromise the kinds of transactions such as the Sandals shiite that facilitate the sellout of local assets that were accumulated by our hardworking grandparents….


    Sunshine Sunny Shine | August 4, 2014 at 9:48 AM | I mean if the piss poor (wanna appear squeaky clean) corrupt PM said he saw vote buying and did nothing about it; well one can only conclude that he played his part in it.@@@
    SSS only if the Bitch had lost to MIA and Owen would he have use the laws he hold hostage would be used for a do over.

    If Bajans keep like this, they will have to take the PAIN and Shut up. Lets see if a New York chock hold leading to death with a foot on their head , will wake up a Nation , A little tighter around the neck please.,

  17. David

    The elections were held on February 21, 2013, and I an going to assume that the results were declared after midnight. In that case, the clock would start ticking to count down the seven week period to file the returns. That period would have ended on Friday April 12th. However, there were two public holidays, Good Friday and Easter Monday, so the returns should have been transmitted to the Supervisor of Elections by April 16th. If I am correct, thereafter, Sinckler should not have entered the House of Assembly and voted on any measure.

    That would mean that he could not have introduced any legislation either. I do not pretend to be any constitutional law expert but it would seem to me that Government would be in a crisis situation. What would be the result considering that he presented a budget and introduced the solid waste tax to mention only two. I think that these things should be tested in court.

  18. @david, a source tells me Donville Inniss is a US citizen carrying a US passport. Is he allowed to sit in our parliament?

    • Bajan Yankee

      I do not know if what you are saying is factual, but if it is, his election to the House of Assembly would be null and void and of no effect. It is prohibited by section 44 (1) (a) of the Constitution.


  19. Colonel said:

    “So where does it put those US Citizens, like the one who was killed recently, who leave the US and go back to Israel to fight. Is there a special clause pertaining to them, or is the IDF not considered a ‘foreign Army””

    There is a special pact between Israel and the US, Israeli citizens all get a stipend from the US, they have a pact with the devil, totally different ballgame..

  20. So why dd it take so long for everyone to realize Donville has dual citizenship, his wife is a US citizen, i knew for as long as i have known him and so did David Thompson and all the other ministers, most of whom are lawyers, SOOOOO, what are they going to do about it now that it has been established he should not be carrying dual citizenship as a taxpayer paid minister of government, will he surrender his US passport or surrender his ministerial position.

    • Well Well

      If he is in fact a US citizen, surrendering or renouncing US citizenship would not solve the problem. In order to qualify to run for the House, a candidate should not be the holder of US citizenship on nomination day.


    • @Cswell

      A non British woman who married a British before 1949 automatically qualifies for citizenship.

      Neither Mara nor David was around in 1949


    • @Caswell

      This is why we asked the minister, if he can, to facilitate a quick intervention by Mara Thompson to prevent rift speculation.

  21. Bajan Yankee | August 4, 2014 at 12:00 PM |
    @david, a source tells me Donville Inniss is a US citizen carrying a US passport. Is he allowed to sit in our parliament?
    This is Barbados,and if you are bold enough,you can literally get away with murder.Wasn’t it recently said by one of our political leaders, that , in effect, the political class come together,irrespective of party, to cover their arses?
    And half the population of Barbados,supporters of either political party will throw their full support behind any political evil doer, regardless of what act he or she has committed.

  22. Caswell……does that also apply to David Thompson who was born in the UK or Liz Thompson also born in the UK or only to those who hold US citizenship.

    David……..why don’t you ask Donville, he does not hide the fact that he spent 3 years in the US, that alone qualifies a person for a green card whether through marriage or whatever, it is not a far jump from there to citizenship……only an idiot would not utilize the opportunity, ask him i am sure he will tell you.

    • Well Well

      It does not apply to either of them. They did not apply. On the other hand, if Mara applied for British citizenship by reason of the fact that her husband was a British citizen, she would be disqualified.


  23. I am a citizen of one place – Barbados. I have never applied for and hence do not hold citizenship of the USA. Now move on to more serious issues.

    • Thank you for clarifying Minister, it would be nice if Mara Thompson is able to confirm as well.

      On Monday, 4 August 2014, Barbados Underground wrote:


    • David

      Since the Minister advised us to move on to more serious issue, could he also tell us if his agent filed an accurate return of election expenses unlike Sinckler? I think that would qualify as a more serious issue.


  24. I was holding British Citizenship papers ,without a British Passport, using a Barbados Passport when I got married in Barbados. My wife was issued with British Citizenship and a British Passport ,to travel to the UK.

  25. Well Well

    You’re qualified for a green card from the day you file your papers, and it is determined that you have met the established criteria. You do not have necessarily spend three years in the US to be eligible for a green card. Way have you gotten that idea from Well Well?

  26. Dompey…..I don’t know where you got YOUR info, but you must be physically present for at least 3 years in the US BEFORE you are issued a green card as long as you are in the country and apply while present in the country.

    . If you applied while living abroad, that is a different ballgame, you can then have landed immigrant status once approved…..there are many different avenues, doubt me, go to 26 federal plaza and inquire, or visit the INS/ICE website….my point was that Donville along with other people i know personally were physically present for 3 years in the US, therefore it is not a stretch that he could have applied for status.

  27. BTW minister ,,ummmmm don.t be surprise if the BLP (republican ) yardfowls ask u to show yuh birth certificate,,,,,they can get down right nasty,,,,yuh might need to call Obama and let him teach yuh how to tell the yardfowls to get lost,,,

  28. AC… are yardfowling as usual and mightily licking ass……

    Caswell…..I am a little lost, you are saying that David Thompson and Liz Thompson did not apply for Barbados or UK passport, i mean they were born in the UK and unlike the US i don’t think they lose citizenship after 5 years of not being physically present…….so they are eligible to be ministers as long as they hold only a Barbados passport……did i get that right?

    • Well Well

      I meant that they did not apply for British citizenship. The Constitution bans persons from sitting in the House of Assembly if they, by virtue of their own act, are under any acknowledgement of allegiance, obedience or adherence to a foreign Power or State. That wording is so all encompassing that my non legal mind would even suggest that it includes people who hold green cards.


  29. so wait you vote ,,i don’t think so,,,and btw the way wuh keep calling (this ) ac name fuh…..u and yuh Smelly …Smelly… Smelly ..friend need to go,wash wunna frosy a….ss and leave (this ) ac,, alone,,,,frosy bit..hes…

  30. Caswell Franklyn | August 4, 2014 at 7:12 PM |

    “I meant that they did not apply for British citizenship”

    Caswell, did Irene Sandiford-Garner applied for Barbadian citizenship….. after all she was born in the UK.

    • Artexerxes

      I do not understand the significance of the question.


  31. Donville
    Let’s not split hairs.I have a sibling who has been in the US since the 70’s
    got married there three times and to this day has never applied for citizenship but has access to all the facilities of the State and the Federal system.Just stating that you have never applied for citizenship is not saying a pang.Now tell us what status you have there and if your wife holds a US passport.

  32. Even at this stage the lack of outrage by Barbadians AND the Opposition sums it up doesn’t it?

    David, maybe because Caswell takes himself to serious whereas no one else takes him serious,? or real.

    If this guy were serious he would know that the Candidate has every right to sign off as was advised by the Chief electoral officer .

    • The Chief Electoral Officer does not have the power to ignore the law. The candidate can sign the form if and only if he appoints himself as his own agent. The act requires the candidate to revoke the appointment of the agent after that he can appoint himself and then sign the form.

      If the candidate signs the form without being his own agent, it would be regarded as a nullity.


  33. wait wunna need to give this citizenship story a break,,cause wunna had a PM who employed illegal immigrants,,now if he was a minister of any other international country he would have been told where to go forthwith,,,, wunna really like to dig too hard in other peeples yard when nuuf ,nuff skeletons bury in wunna own….

  34. Well Well | August 4, 2014 at 5:40 PM |

    Dompey…..I don’t know where you got YOUR info, but you must be physically present for at least 3 years in the US BEFORE you are issued a green card as long as you are in the country and apply while present in the country.

    I think an alien can get a visa for up to six months after first arriving in the US.

    If more time is desired an application for a Green Card follows which may or may not be granted depending on the reasons given.

  35. I should say an alien on arrival in the US can get his/her passport stamped for up a stay up to six months.

  36. David
    The Prime Minister of Trinidad and Tobago today laid in the House of representatives there, a bill which will transform the Parliament of that republic in very significant ways.It would be useful to the BU family if you would carry the reforms which include:-
    1)A term Limit for the office of Prime Minister
    2)A recall provision for non performing parliamentarians
    3)Provision for run off polls when the candidate scores less than 50% of votes cast
    4)Adoption by Parliament of the winning party’s manifesto as Government’s policy agenda
    5)New Standing Orders replacing those of 1961.

  37. Can anyone confirm or deny if Bizzy called Debbie Simpson when Denis Lowe jeep was about to be reposed to save his face?Perhaps the minister can come on BU and tell us he is not also on the take?

    • Fed up Bajan

      I don’t understand your comment. Surely if Lowe was broke he could have borrowed from his mother: I understand that she was rich. LOL!


  38. @caswel franklin then he would not have reasons to be on the take. These old people normally thru thrift save a lot.

  39. Here is a question? If Donville, the CJ and whoever else are still declared citizens of foreign soils what next? What will happen to these people. Let me tell you: NOT ONE SHITE. Caswell I repeated state on here that I like your views as you are equipped with the logistics of government rules, regulations and laws. But after all this deliberating and quoting the appropriate laws is it all for the sharing of knowledge and the expounding of that knowledge to project the bajan disposition of being an intellectual guru? If only once I could see one of these crooked sons of bitches come under the justice system and tried

    • SSS

      The problem in Barbados is that the politicians have put systems in place where they select the persons to be appointed to the top jobs in the Public Service. Politicians pick their friends who would not move against them when they break the law. Also, if you move against them, you can be assured that you would have seen your last promotion.


    • @Caswell

      If you want reform it will have to begin with some level of whistleblowing to shock Bajans to react from their stupor.

  40. @Caswell

    Hence the reason I ask in an earlier post what is the reason for this post. Here you have indicated what is unconstitutional and what is not. You have indicated the appropriate laws and those responsible for its enforcement. Yet when the situations are exam in the context of the crimes committed it all boils down to the same thing I stated earlier – FRIGHTEN CIVIL SERVANTS AND NO ONE WITH THE BALLS TO CONFRONT THESE LAW BREAKERS USING THE SAME LAWS THAT SAYS ITS THEIR JOB TO ENFORCE BECAUSE OF FEAR OF REPRISAL.

    The question therefore

  41. @David
    If then therefore the law markers are the law breakers and exempt themselves from ever being prosecuted by it then that knowledge alone should be a call for protest action in whatever form or fashion the citizens deem best. There should also be a call for constitutional reformation in light of the overwhelming evidence stack against the doings of a political system operating under implemented protectionist systems.

    What therefore stops a people from pressing for change? Obviously the fear that has been carefully interwoven into the hearts and minds of a society to the point that they consider it common place and acceptable for politicians and their respective big up lackeys to get away with anything whilst all others be subjected to the full extent the law. I dare to say that this action makes the law and unjust law which if not address will continue to protect the interests of the status quo.

    I DO NOT BELIEVE THAT WHISTLE-BLOWING WILL BRING BAJANS OUT. WE HAVE HAD SOME WHISTLE-BLOWING AND YET THINGS REMAIN THE SAME. We have had a politician who is a allege to have earn his money via pornographic undertakings. We have had names called in relation to depositing campaign money directly into ones personal account. We have had misappropriation of government funds in projects that did not justify the cost. We have had politicians buying plantations on a politician salary without a single investigation being carried out concerning a declaration of where the money to buy came from. We have had the allege accumulation of a blatant crook depositing thousands towards millions of dollars in a mothers account. We have had had and more had and yet its business as usual. We are quoting laws, exposing the wrong doings at all levels of government operations and yet its business as usual.

  42. With all of this blowing of hot verbal air here, can we now march for the removal of Christopher Sinckler as the seating member of the constituency of St. Michael North west!!!

  43. Where are the Director of Public Prosecution or the Chief Electoral Officer doing about this. Is a becoming a judge more important than the upholding of the Law.

    • @SSS

      It is a hard nut to crack, there is also a process underway that we have to stay the course.

  44. Lemuel
    While we are asking questions why is the probated will of the public figure David Thompson not published or otherwise available for public scrutiny.At a minimum the taxpaying public would be in a position to know the truth,the whole truth and nothing but the truth.Instead we are hearing all kinds of rumour for example that the dead king left 39 million dollars in the said same will.
    The money bloweth where it listeth and thou hearest the story thereof but can tell whence it came and whither it went.Pirates of the Caribbean!

  45. It is simply amazing how Caswell Franklyn could have served under Tom Adams, David Simmons and the BLP from the 1970s and now want to preach about transparency and the avoidance of corruption. Caswell can write the book on politicians and corruption. He facilitated a lot of it in his hey days. Now on the eve of his retirement from politics he wants to be seen as some saint. give me a flipping break. You are pathetic Caswell. Has always been and will always be

  46. Note Minster Inniss took his denial to parliament today. Coincidentally MP for St. John was presiding over the chamber at the time, she accused of applying for UK citizenship.

  47. @Hants
    Thank you.
    A question.?
    The iIluminati plans for the World ?
    Wasn’t there a provision for addicting society to “drugs”?

  48. David

    They did not publish this either:

    Worker accuses BWU of wrongful dismissal

    Added by Neville Clarke on August 8, 2014.
    Saved under Local News, Work force

    The tables have been turned on the Barbados Workers Union (BWU) with one of its former employees accusing the BWU of wrongful dismissal.

    Former groundsman Christopher Jordan has retained the services of general secretary of the fledgling Unity Workers Union (UWU), Caswell Franklyn, to present his case before Chief Labour Officer Vincent Burnett and if needs be, before the Employment Rights Tribunal.

    A forlorn Christopher Jordan giving his side of the story about his dismissal from a job he held for the past eight years at the Barbados Workers Union.

    In correspondence dated July 21, 2014 addressed to Burnett, Franklyn noted that Jordan was continuously employed by the BWU for eight years and by letter dated July 3, 2014, his services were terminated with immediate effect.

    Franklyn went on to explain that Jordan’s termination followed a meeting which took place on July 2, where Gillian Alleyne, the officer who complained about Jordan, formed part of the panel to hear the complaint.

    The general secretary of the UWU pointed out that in the termination letter Jordan was advised of his right to appeal against the decision, but charged that even though Jordan accepted the offer of appeal by letter dated July 8 to his employer, they never acknowledged the receipt of the correspondence.

    In response, Franklyn has advised Jordan that the circumstances surrounding his dismissal would have breached the provisions of the Employment Rights Act and has referred the matter to Burnett under Section 42 of the legislation.

    Meanwhile, in a letter dated July 8, 2014, addressed to the General Secretary of the BWU, Sir Roy Trotman, Jordan claimed that the allegations made against him were untrue and even if they were not, they were insufficient to merit his dismissal.

    In addition, Jordan claimed that the hearing was unfair because one of the persons who adjudicated the matter was also the complainant.

    Speaking to Barbados TODAY, Jordan also contended that he was wrongfully dismissed after he failed to attend a meeting scheduled by personnel manager Gillian Alleyne because of health challenges.

    He expressed concern that a member of the Royal Barbados Police Force was summoned to be present at the disciplinary meeting and again when he was working at another BWU property opposite the union headquarters.

    Indicating his willingness to act on Jordan’s behalf, Franklyn said the complainant’s presence on the panel hearing the case was a breach of natural justice and stressed that “she should not even be in the room”.

    Expressing concern at the action taken by the BWU, Franklyn said: “They terminated Jordan, gave him the right to appeal and then when he appealed they ignored it. Part of the process to address the matter involves informing the Chief Labour Officer because what the Chief Labour Officer is required to do according to the law is to try to get the parties to reach an agreement.

    “Failing that, the Chief Labour Officer must refer it to the Employment Rights Tribunal. I got a call from the Labour Department indicating they will contact the BWU for a meeting on the matter,” Franklyn said.

    Neither the General Secretary of the BWU Sir Roy Trotman nor his deputy could be reached for a comment on the matter.

    • @Caswell

      It is a black eye for the BWU for sure, good luck representing Jordan. Has the emploment tribunal mobilized yet?

      By the way have been hearing that Toni is not a certainty and Veronica is on the lips of many.

    • David

      A blind man does not worry if his eyes are blackened.

      The tribunal has allowed itself to be misled and have put in place a set of elaborate procedures that ensures delay. They have copied the system in the courts rather than use the examples from other established tribunals. I have already suggested that they get in contact with and get guidance from people like Jeff Cumberbatch, Monique Taitt and Hillary Nelson who are all excellent chairpersons of similar tribunals.

      Toni is a square peg. Mind you, I prefer her to be General Secretary; it would be better for me.


    • @Caswell

      This challenge coming from the Employment Rights Tribunal should give a reason for the trade muons to come together and advocate for some movement.

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