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Barbados Workers Union Hauled Before the Employment Rights Tribunal for Unfair Dismissal

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It is unusual to observe an employee forced to seek remedy against a trade union. Unfortunately for the employee (Christopher Jordan) the Chief Labour Officer was unable to resolve the matter, and as the law requires, he referred the matter to the Employment Rights Tribunal (ERT).

The inability of the government to operationalize the ERT continues to be an embarrassment for the country. The hundreds of cases outstanding to be given a hearing should be a cause of concern for the CTUSAB and Barbadians at large. How is the minister of labour Esther Byer able to boast of Barbados’ enactment of modern employment rights law if the efficacy of said law continues to be compromised by a dysfunctional ERT?

A few other pertinent questions: why has Christopher Jordan had to endure the most base of labour practices by the largest trade union in Barbados?  Why was the Chief Labour Officer unable to resolve the issue in light of glaring missteps by the Barbados Workers Union? Why has the government who boast of prioritizing the need to build a society above the economy not fast tracked alternative options to ameliorate the state of labour affairs in Barbados?

The inability of our social safety structure to deliver in the prevailing environment is the true measurement of how effective government’s strategy has been. Where is the justice for the Christopher Jordans who represents the most vulnerable in our society?

Christopher Jordan - Unity Workers Union
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34 responses to “Barbados Workers Union Hauled Before the Employment Rights Tribunal for Unfair Dismissal”

  1. Barbados Workers Union Hauled Before the Employment Rights Tribunal for Unfair Dismissal

    […] By David […]

  2. watson Avatar
    watson

    A country punching above its weight for the last two decades by hiding the truth about its capabilities will now have to be transparent…! People at the top do not have the intellectual abilities to govern let alone settle disputes…! Returning nationals have those abilities but Bajan pride has stepped in…! “Pride and Industry” is the motto, yet Bajans have neither…!

  3. The People's Democratic Congress Avatar
    The People’s Democratic Congress

    The People’s Democratic Congress (PDC) has been urging as many workers as possible in this country to help create a national movement that will make sure that they become PARTNERS of the enterprises in which they currently work, and that will make sure that these enterprises become PARTNERSHIPS owned by the PARTNERS.

    Whenever such great causes are fought for and won in this country, there will not only be a necessary, rightful and substantial end brought to this backwardist and demeaning trade union movement in this country, but there will also be the evolution of these present day workers to higher states of social existence in Barbados.

    Forwards Ever, Backwards Never!!

    PDC

  4. Hamilton Hill Avatar
    Hamilton Hill

    If nothing else this gives insight as to why this practice is so rampant in Barbados. What irks me even more is the fact that the General Secretary or some other official of that same institution will be allowed to speak to the media and not answer a single question about this shameful occurrence. I have a friend who has gone through a similar experienced where he knows that he should have had the required amount of contributions but was told differently. He would not let me highlight it here on BU for fear of reprisal against his family. This is the type of fear that has paralyzed my country.

  5. Hamilton Hill Avatar
    Hamilton Hill

    For as many members the credit unions have they are still being raped in silence. The shit stops when we stop it.

  6. Codename Octopussy Avatar
    Codename Octopussy

    Who or What is PDC ?
    What does PDC offer Barbados ?
    Can PDC match its mouthings ?
    What is the PDC’s guarantee that PDC can do the job required?
    How can PDC fight it

  7. Artaxerxes Avatar
    Artaxerxes

    The People’s Democratic Congress February 24, 2015 at 6:46 AM #

    “The People’s Democratic Congress (PDC) has been urging as many workers as possible in this country to help create a national movement that will make sure that they become PARTNERS of the enterprises in which they currently work, and that will make sure that these enterprises become PARTNERSHIPS owned by the PARTNERS.”

    Supposed I were to seek loan financing [including taking out a mortgage on MY home], and use my personal savings to establish a business venture. I am responsible for all the expenses, inclusive of wages, NIS expense, VAT and income/corporation taxes, the business incurs.
    Similar to how an individual would pay for the provision of goods and services, an employer pays his employees fair wages for providing specific services in respect of business operations.

    Is the PDC trying to tell me that, under a PDC regime, business owners will be FORCED to make their employees business partners? Won’t such a policy infringe on their human right to own property?

    Is the PDC implying if I employed a maid and gardener, they have the right of access to my home because they keep the interior and exterior surroundings clean?

    I HAVE NEVER HEARD SUCH NONSENSE IN MY LIFE.

  8. Codename Octopussy Avatar
    Codename Octopussy

    How can PDC fight opponents who are better placed to mount a campaign financially and otherwise .

    Is PDC identifying impossible tasks that will obviously fail
    Is this being done to satisfy some morbid psychological imbalance
    that helps PDC to feel relevant and part of the discourse, without which PDC would fade into the nothingness of fantasy land

    CNO is asking PDC these questions for clarification and to give PDC the chance to enunciate , indicate pontificate and liquidate –

  9. SPECTATOR Avatar
    SPECTATOR

    Just read this on GREECE:
    – cut down ministries from 16 to 10
    – cut down privileges for MPs, ministers and high bureaucrats
    – new ministry against corruption

    Why has Barbados still 30 ministries and Mercedes E-class for Dick and Harry plus drivers???

    SPECTATOR

  10. Bush Tea Avatar
    Bush Tea

    @ Caswell
    Boss …that motto at the bottom of your letterhead is sweet as shiite….
    ….but it won’t happen through brass bowls….

    BTW
    Bushie wonders what role Mr Jordan played at BWU if HE was unable to check whether his NIS contributions were up to date….
    Hope he was not a rep who should have been in a position to check this for others members of the BWU far less for himself?

    Bushie still cannot see why you waste your time with such petty issues while Rome burns…..

  11. Bush Tea Avatar
    Bush Tea

    @ Spectator
    Why has Barbados still 30 ministries and Mercedes E-class for Dick and Harry plus drivers???
    +++++++++++++++++++++++++++++++++
    Take a good look at the people we have in Parliament – especially the PM and his cabinet – and see if the answer is not obvious….

    Brass bowl, myopic, selfish, incompetent, French Connectors (UK)…….

    Of course if Bushie say one thing – he has to say the next….
    Take a good look at the people who elected them…… 🙂

  12. Gabriel Avatar
    Gabriel

    Right on Bushie.Take a good look at the people who elected them.All look alike BRASSBOWLS.All of them want sending to Tobago where all the ugly people are supposed to reside!!

  13. old onion bags Avatar
    old onion bags

    Now we can understand why The Duke of York made sure he exited at this opportune time…..leaving Lady Gucci to bag all the questions. Barbados… poor Barbados how our honest and sincere fore-fathers musse rolling in their graves….

  14. Caswell Franklyn Avatar
    Caswell Franklyn

    It is particularly distressing when you consider that the organization that was established to protect workers’ rights features prominently among the criminals who abuse workers.

    In a nutshell, this case started when Jordan’s supervisor made a complaint against him. There was a case to hear and determine the charges as you would expect. The panel hearing the matter was chaired by Sir Roy and included the supervisor who made the complaint. If something like this had happened at a unionised workplace, BWU would have instituted industrial action.

    When I was preparing for the case, something was bothering me so I asked Jordan to go to NIS and request a copy of his Employee Earnings Report. It showed that BWU did not pay NIS contributions on his behalf for a 17 month period when Sir Roy was General Secretary.

    I am therefore calling on the Director of National Insurance to enforce the law by prosecuting this heinous breach of the law, made heinous because the perpetrator is a trade union that should be protecting workers’ rights, and worse yet, at the time Sir Roy was a member of the National Insurance Board.

  15. Artaxerxes Avatar
    Artaxerxes

    @ Caswell Franklyn February 24, 2015 at 12:22 PM #

    “There was a case to hear and determine the charges as you would expect. The panel hearing the matter was chaired by Sir Roy and included the supervisor who made the complaint. If something like this had happened at a unionised workplace, BWU would have instituted industrial action.”

    Caswell, this is the same Sir Roy that threatened to resign as chairman of UCAL and withdraw BWU support of UCAL employees, when they asked him to intervene in the matter of the Transport Board not paying UCAL the millions of dollars due, to facilitate they being paid on time every Wednesday.

    Individuals like him are honoured with titles such as “sir” and “independent senator” as rewards for earning big salaries and living large on the backs of poor working class Barbadians, under the pretense of union representation, while selling them out to the government they support and big businesses.

  16. David Avatar
    David

    Employment Rights Tribunal On Course

    Published on February 14, 2015 by Jamal Hall

    Labour Minister, Senator Esther R. Byer (head of table at left) in discussion with members of the Employment Rights Tribunal. At the head of the table is Tribunal Chairman, Hal Gollop. (A.Gaskin/BGIS)Labour Minister, Senator Esther R. Byer (head of table at left) in discussion with members of the Employment Rights Tribunal. At the head of the table is Tribunal Chairman, Hal Gollop. (A.Gaskin/BGIS)

    The retrenched workers of the National Conservation Commission (NCC) are one step closer to having their cases heard, as the nine members of the reconstituted Employment Rights Tribunal (ERT) convened their first meeting at the Ministry of Labour, Warrens Office Complex, on Friday.

    High on the meeting’s agenda was the matter of the severed NCC workers, and it was decided that their cases would be compiled and catalogued by the ERT’s support staff in preparation for a second meeting on Wednesday, March 4, when the scheduling of cases would commence.

    Chairman of the ERT, Hal Gollop, expressed his satisfaction with the selection of the members of the tribunal and the wealth of expertise which they each brought to the table. He further emphasised the need for speed and efficiency, and said that he did not expect any delays in hearing the cases of the workers.

    Also in attendance was Minister of Labour, Social Security and Human Resource Development, Senator Dr. Esther Byer, who stated that she was pleased with how the process was going so far.

    “I am excited to say that all the members of the newly-formed ERT have already received their instruments and are ready to work. I echo the statements made by the Chairman, and I am very optimistic that they will be swift and efficient in their approach and that matters will be expedited accordingly,” she added.

    In addition to Chairman Hal Gollop, Government’s representatives on the Employment Rights Tribunal are deputy chairpersons Kathy Ann Hamblin and Ryan Omari Drakes. The Barbados Employers’ Confederation is represented by Edward Bushell, John Williams and Hartley Richards, and the Barbados Workers’ Union by Beverley Beckles.

    The two remaining representatives of the labour movement were nominated by the Congress of Trade Unions and Staff Associations of Barbados, and are Frederick Forde and Ulric Sealy.

    jamal.hall@barbados.gov.bb

    http://gisbarbados.gov.bb/index.php?categoryid=9&p2_articleid=13659

  17. Bush Tea Avatar
    Bush Tea

    But David /Caswell, is Hal Gollop not publicly seen as literally the voice, friend, adviser, confidante, and long time mate of the Prime Minister?

    How does it lend to transparency and independence for him to be chairman of this tribunal – particularly when most of the major issues seem to be between government and workers?

    …or is it that no one else wanted the position?

    Ya mean we so thin on the ground for competent persons? …and in any case, according to the highest court in the region, Hal does not quite meet that competence standard either…

  18. Lizard on the Bubbling Wall Avatar
    Lizard on the Bubbling Wall

    @Bushie:
    Christopher Jordan was a Gardener/General Worker at the BWU. He was not able to check on his NIS contributions like the IR Officers would know they could do. He was one of the persons there, most loyal to Sir Roy and who broke his back daily to ensure the place looked like someplace.

    “Lady Gucci”, or “Coochie” was having the ‘House’ cleared for her when the old man formally stepped aside. Those who hoped that she would have been a new broom were bitterly disappointed when they started to see people, like Jordan, get Warning Letters stapled on to their payslips; without even having had a disciplinary hearing first.

    The weekly cussings at staff meetings still continue, but from her mouth now. Because information like what I am daring to put here on the Underground has been published before, cell phones are no longer permitted in any room where ‘Her Excellence’ is speaking.

  19. David Avatar
    David

    @Bush Tea

    Your observation/question is a reasonable position to have. The fact Gollop is known to be involved in a few other heavy duty matters that will compete for time it makes one wonder why a small band/group figure prominently. And it does not matter the political party. Around and around we go…

  20. Pachamama Avatar
    Pachamama

    Bushie

    Who got you sooo sad Bushie. Tek care a bolt of lightning dont strike dem down.

    We are used to being in those meetings where everybody has to leave cell phones outside in a copper box. A relatively recent, five years or so, security measure, they say!

  21. Bush Tea Avatar
    Bush Tea

    Thanks Lizard on wall. that explains it…
    No surprises with your ‘Lady’, ..it is the nature of the beast…
    However, it would seem as though Caswell is barking up the wrong tree…. one that is already turning into driftwood….

    Wuh happen Caswell? don’t want to clash with your old-school buddy or what…? 🙂

    @ David
    Whenever you see such close-knit alliances you can usually know that it is a case of keeping secrets in as tight a circle as possible.
    When things are open, transparent and above board, circles can be wide, talents are exploited and progress is made….

    @ Pacha
    Who got you sooo sad Bushie. Tek care a bolt of lightning dont strike dem down
    +++++++++++++++++++++++++++
    Sad…? Bushie…? au contraire…..
    Bushie likes it when a plan comes together as designed….
    Just a bit sorry that so many fail to see the plot – and will therefore suffer the consequences….

    As to the lightning….nah!!… NOT ON BUSHIE’s account.
    Daily the bushman’s fervent prayers are for those who would wish him ill….
    LOL….for the most part, they know not what they risk…..

    “IF IT WERE POSSIBLE”, then Bushie would have been history LONGGGGG ago…

  22. Caswell Franklyn Avatar
    Caswell Franklyn

    Bushie

    You got this thing wrong, I don’t deploy the staff at BWU. I do battle with whoever turns up. The Chief Labour Officer invited both sides in this dispute to a meeting on Friday, January 23, 2015 in an attempt at conciliation. I represented Jordan and Sir Roy turned up to represent BWU.

  23. The People Democratic Congress Avatar
    The People Democratic Congress

    Is the PDC trying to tell me that, under a PDC regime, business owners will be FORCED to make their employees business partners? Won’t such a policy infringe on their human right to own property?

    Artaxerxes,

    First, the PDC will be part of a coalitional governmental regime in Barbados.

    Second, PARTNERSHIPS will be the only multi-member corporate business entities possible in Barbados, during the time that the coalition would be at the helm of government in this country.

    Third, as it stands now, those people who are all involved in the provision of commercial social human services (intellectual, academic, technological, technical, vocational, etc, covering a range of disciplines, and whether they are operating in the private, government sectors) whether in or on given material spaces (buildings, vehicles, lands, etc, ) and sometimes whether making use of assets that they own or do not own, are the owners still though of those services, individually and collectively.

    It is upon such logical and rational bases that such PARTNERSHIPS will be formed and established in this country, according to the laws of the coalition governmental regime.

    Four, it shall become totally insufficient and void and otiose that the extent of the amounts of buildings, assets, lands and access to money that are owned and or controlled by the relevant people calling themselves business owners will no longer be – as is now horrendously despicably the case in Barbados – any criteria in the determining of the nature and organization of people into or as business enterprises in this country. The political and social capacity to organize and grow into such enterprises – on the basis of the various uses and combinations of those intellectual, academic, technological, technical and vocational human social services – shall be only principal means for such organization and development of such enterprises.

    Fifth, no longer will it be possible for business owners to use the myth of companies and corporations and the myth that such entities can own and do own property, to help seriously exploit and dehumanize and degradate many thousands upon thousands of people – many of whom are referred to by themselves and some others as workers – in this country.

    PDC

  24. David Avatar
    David

    @Caswell

    Why would Sir Roy stain his legacy with the Jordan matter? Isn’t Royal Shop/Sandy Lane and being booted from ILO team to Luxemburg enough?

  25. Bush Tea Avatar
    Bush Tea

    @ Caswell
    I do battle with whoever turns up
    +++++++++++++++++++++++++++
    LOL … touché
    ha ha ha
    Shiite man! ….Caswell you are a man after Bushie’s own heart den….

  26. Caswell Franklyn Avatar
    Caswell Franklyn

    David

    What legacy are you talking about? The man has not done anything significant in his career that impacted on workers in a positive way.

    >

  27. St George's Dragon Avatar
    St George’s Dragon

    @ PDC
    I am a Director and shareholder of a small business which employs a few people. My co-shareholders and I own the company which in turn owns the building we occupy.
    Under the PDC coalition government, will the ownership of the building be taken away from us? If it is, where will we and our employees work?

  28. Bush Tea Avatar
    Bush Tea

    @ St George
    Under the PDC coalition government, will the ownership of the building be taken away from us? If it is, where will we and our employees work?
    ++++++++++++++++++++++++++++++++
    Look St George, you are worrying needlessly….. This will not be an issue under PDC coalition government….
    shiite man!!
    …your ass will be in so much grass, that finding somewhere to work will be the least of your problems…

    You will be too busy:
    ..finding something to eat
    ..finding something to do with all your useless money
    ..reading incoherent edicts from Minister of fine ants Adamson

    LOL
    …and in any case, do you have DEEDs to that property from 1642??? 🙂
    …Perhaps it is not even yours….

  29. Caswell Franklyn Avatar
    Caswell Franklyn

    It is truly amazing that someone could bring evidence to suggest that one of this country’s Knights could have been aware that his organisation, the Barbados Workers’ Union was cheating the National Insurance Scheme by not paying contributions for at least one worker and it goes relatively unnoticed. Anywhere else in the world, his knighthood would be taken away.

    I happen to know that Sir Roy was aware and attempted to justify breaching the law.

  30. David Avatar
    David

    @Caswell

    Now the information is available to the world. He can deal with it.

  31. The People's Democratic Congress Avatar
    The People’s Democratic Congress

    To the person going by the pseudonym, St. George’s Dragon

    Under the relevant laws establishing PARTNERSHIPS in Barbados, and in accordance with the very progressivist, people-centered, revolutionary transformational policies and programs of a certain future coalitional governmental regime of Barbados and of which the PDC will be part, your company – being within reasonable time of the coming existence of those said laws establishing PARTNERSHIPS – a multi-member corporate business entity – will have to convert into a PARTNERSHIP, for the primary reasons that each of the incoming PARTNERS – and this is if each of the former employees so desires to become a PARTNER in the enterprise – will have realized that – consistent with such PARTNERSHIP legislation – they will have the axiomatic right to remain as part of the outgoing work enterprise, they will have the cardinal right to become a member of the incoming PARTNERSHIP, and the fundamental right to change their status from being a worker to being a PARTNER, and too will realize that philosophically whatsoever intellectual, academic, technological, technical, vocational, human social commercial services that they will be providing to the incoming PARTNERSHIP enterprise, they will each and altogether have been owning those services.

    Therefore, it is upon those very logical and rational bases that such PARTNERSHIPS will be founded and established across the country. Also, with the enactment of the PARTNERSHIP legislation by such a regime, it will NOT be legal – rather it will be illegal – to form business social organizations that have so-called legal personalities that are seperate and distinct from the human members that comprise them.

    Furthermore, no artificial legal personalities will be capable of owning properties in Barbados, under the particular PARTNERSHIP legislation, or under any other relevant laws, as that NO artificial legal personality can own property. What rubbish!!

    In regard of the building that you and the employees and some others would have over time been occupying hitherto the coming about of the PARTNERSHIP LAWS and REGULATIONS, and that would have been once owned by your company, there will be legislation passed by such a coalitional regime too that will provide for continuity of ownership of the building by the former shareholders of the former company until otherwise determined by you – the former shareholders, and which still though will be legally supported by reference to ownership by way of a joint tenancy or a tenancy in common.

    Moreover, you and your former co-shareholders – and upon a legally enforceable agreement being struck between yourselves and the incoming PARTNERSHIP – will still have the inalienable fundamental right to convey ownership rights over the building from yourselves to the incoming PARTNERSHIP, at the time prescribed for you all to do so under the same contractual arrangements; and with the incoming PARTNERSHIP enterprise having the inalienable fundamental right too to hand over from them to you – the former shareholders – the agreed amount of remunerations or transfers of money/credits, at the time prescribed within the contractual arrangements.

    Also, you and you co-shareholders will have the option of creating – in tandem with a lawyer or lawyers of your choice – a legal trust in which your rights of ownership of the building will rest and continue and from which the PARTNERSHIP could lease or rent the building, once the possibilities could exist for either arrangement to emerge between the trust and the PARTNERSHIP.

    So, there you go.

    PDC

  32. Tudor Avatar
    Tudor

    It is alarming to realize that PDC & David Comicsong are the alternatives to the BLP & DLP, God help us.

  33. Bush Tea Avatar
    Bush Tea

    @ Tudor
    That USED to be alarming.

    But now that we are seeing that the BLP and DLP are such shiite hounds that PDC and Comicsong are indeed VIABLE alternatives, it has to be downright distressing, disquieting, depressing and dangerous…..

  34. The People's Democratic Congress Avatar
    The People’s Democratic Congress

    Tudor,

    Whosoever you are, it is not good that you are deliberately misspelling Mr. David Comissiong’s name.

    There must absolutely be no joke about it either!!

    Mr Comissiong has been one of the greatest Barbadians of this contemporary era for the tremendous and outstanding acts and services he has been so selflessly and devoutly performing on the behalf of so many people in this country, especially those who are voiceless and oppressed, and whosoever you are you must respect that fact and you must accord him deserving respect.

    Your uncharitable conduct in attempting to disrespect Mr Comissiong is out of place.

    PDC

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