The Caswell Franklyn Column – Offshore Companies Breaching Employment Laws with Impunity

Caswell Franklyn, Head of Unity Workers Union

Recently, a father handed me an employment contract, that was issued to his young daughter by an offshore company operating in Barbados, and asked if there was anything I could do.

I read the document and was horrified when I realised that this is the same company whose praises were being sung by a minister of government. I am left to wonder if Government is aware of the appalling terms and conditions under which its people suffer at the hands of expatriate employers.

The investors of this company, like so many others, have been encouraged by Government to set up here, in order to bring in much needed foreign exchange and to provide jobs. But after reading the contract I am angry since it seems that Government is prostituting its people to get foreign exchange.

Government’s primary duty is to protect its citizen, which not only include providing a safe environment from the gun-toting criminals, (and they are doing a poor job in that regard) but of necessity that duty must extend to protecting the vulnerable from exploitation. It will not suffice just to put laws in place and thereafter make little or no provisions to ensure that those law are being enforced.

This young lady was offered an administrative position for the measly wage of $65, which is equivalent to 2,082 Indian rupees per day. The contract explicitly states, among other things that:

The employee is an independent contractor responsible for her own National Insurance contributions at the self employed rate; she is required to be on the job from 9:00 a.m. to 5:00 p.m. Monday to Friday and 9:00 a.m to 1:00 p.m. on Saturdays; she is required to work overtime and “shall not be entitled to additional remuneration for such additional hours”.

Also as far as I can discern, the employee is subject to the company’s policies, procedures, rules and regulations but the contract goes on to say that the employee “shall not be the servant and/or employee and/or agent” of the employer.

No one in his/her right mind would believe that a person, who is employed under such terms and conditions, is self employed. Under the National Insurance legislation, only the NIS Board, and not some scallywag foreign investor, is empowered to determine who pays contributions at the self employed rate.

Further and more recently, the First Schedule of the Employment Rights Act sets out a number of factors to determine if a person is an employee or an independent contractor. That piece of legislation was completely ignored in the drafting of the contract.

Exploitation of workers is rife in Barbados, even where Government is the employer and it would appear that foreign investors have taken their cue from Government’s lead. By way of example, on August 2, 2017 Sir Roy Trotman complained in the Senate that the Barbados Revenue Authority (BRA) was depriving workers of their pensions. He is correct in so far as retiring employees of BRA are being denied the rightful amount their pensions and gratuities.

In accordance with subsection 10.(1) of the Barbados Revenue Authority Act, officers, who were seconded from central government to the authority, were guaranteed that their service with BRA would count toward their public service pensions, as if the officer had not been so seconded. As I understand it, this provision is being misinterpreted to say that the service with BRA counts toward the pension but not the salary received during the period of secondment.

Subsection 10.(2) then provides that those “public officers shall be employed on terms and conditions that are no less favourable than those enjoyed by a public officer of proximate rank…” To my mind, subsection 10.(2) is absolutely clear and there is really no need for this confusion.

One of the terms of public service employment is that an officer’s pension is based on the salary for last thirty-six months of that officer’s service. Since the persons who transitioned to BRA are employed under no less favourable terms, this matter is really a “no brainer”. My advice to Government is to stop the exploitation; do the decent thing and pay the people their just dessert.

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54 Comments on “The Caswell Franklyn Column – Offshore Companies Breaching Employment Laws with Impunity”

  1. Chad99999 August 13, 2017 at 4:43 AM #

    Much of the world we live in is capitalist, but there are many forms of capitalism, some much more successful than others.

    Among the least successful forms of capitalism are those in which pitched battles are constantly fought between workers and their employers. When union organizers poison the minds of workers against business owners, and an adversarial “union mentality” takes hold, there is an enormous cost to society in lost productivity. As less wealth is created, the standard of living falls.

    Does this concern Caswell? Apparently not, since he is always stirring the pot. (And that is not all.We have heard that he may have played a role in helping to prevent the use of surveillance cameras at the Bridgetown Port. Without those cameras, there is a greater risk of weapons smuggling and a greater risk of lethal violence on the streets of Bridgetown.)

    Does Caswell not see what a one-man wrecking ball he has become in Barbados? Does he not feel the need to avoid being a burden and a nuisance in an island that is struggling to develop an economy that can satisfy the needs (and wants) of its ambitious people?

    First, create wealth. Then workers rights will follow. If the workers rights come first, there will probably never be enough wealth to give full effect to the rights workers may have on paper.

    As Stalin would have said, there is no greater evil than economic backwardness. But if workers and employers are always at each others throats, backwardness is virtually guaranteed.

    Like

  2. Caswell Franklyn August 13, 2017 at 6:48 AM #

    Chad

    Spoken like a true idiot.

    Liked by 2 people

  3. Well Well & Consequences Observing Blogger. August 13, 2017 at 7:13 AM #

    Ah keep telling yall Chadster is a damn idiot.

    That criminal for an offshire company could not do this to any employee in the US without having city employment rights advocates all over them to bring a criminal investigation…..and shut them down

    The two black governments in Barbados keep selling out their people to white criminal employers, that is the bottomline…they are keeping slavery alive and well, a permanent slave society.

    And that is when government ministers are not too busy letting business people accused of money laundering and drug trafficking into the island to set up shop.

    http://www.nationnews.com/nationnews/news/99625/fraud-probe

    “I’ll fight it!
    VENEZUELAN TYCOON Samark Lopez says he will pursue all legal, administrative and judicial remedies to fight American sanctions against him. In February, the United States Treasury Department named Lopez the “primary frontman” for Venezuelan vice-president Tareck El Aissami, who the US accuses of running a drug-trafficking and money-laundering network that has reaped him billions of dollars.”

    Like

  4. Well Well & Consequences Observing Blogger. August 13, 2017 at 7:18 AM #

    The Venezuelan dude got the billions to fight Treasury and State….

    …..do any of the government ministers have any money to fight a probe, particularly when they will ALL be kicked out of parliament shortly…no diplomatic immunity..lol

    This would be so Karmic.

    All the shitty, criminal employers both governments have let into the country over the decades to exploit their own people.

    Like

  5. Talking Loud Saying Nothing August 13, 2017 at 7:33 AM #

    It sounds like Chad 99999 is advocating the return of slavery to the island.

    Like

  6. Well Well & Consequences Observing Blogger. August 13, 2017 at 7:35 AM #

    Chadster is a trump supporter…..

    …..all trumptards are idiots and losers.

    Like

  7. David August 13, 2017 at 7:50 AM #

    Remember Dr. GP warned us about these fly by night schools that have a reputation of exploiting islands looking at the economic benefits ONLY.

     

    American University of Barbados Offers FREE Medical Attention

    by David on May 22, 2016 in Barbados News, Health, Opinion Edit

    Submitted by Dr.Georgie Porgie I woke up this morning to read this rubbish in the SUNDAY NATION NEWSPAPER of Barbados. BARBADIANS SHOULD SOON have access to totally free medical attention. The lone offshore medical school operating here, the American University of Barbados (AUB), is only awaiting word from Government to start such clinics. AUB president […]

    126 CommentsContinue Reading →

    Like

  8. Carson C Cadogan August 13, 2017 at 8:14 AM #

    Where is the problem?

    All the woman has to do is to walk away. The conditions don’t suit her, then tell the employer to take a hike.

    Like

  9. Bush Tea August 13, 2017 at 8:14 AM #

    What did you expect Caswell?
    If we establish the country as a Serfdom …inviting strangers to come here and ‘do us the favour’ of hiring our expensively educated children as serfs, slaves and servants …. why would you be surprised that we attract such ’employers’?

    The solution is not to publish such contracts and get the girl fired from her life dream of being a modern day slave (something she probably spent twenty years in study to achieve)…

    It is to CHANGE the shiite system to one where people have the self-image and self-confidence to use the damn education to see themselves as INNOVATORS, EMPLOYERS and PRODUCERS – rather than as parasites looking for crumbs from strangers…
    Mohammad Nasser should be in our Parliament.

    This is why YOU are wasting your time and INVALUABLE talents, fighting little shiite fires like this, while a bunch of jackasses in parliament are tossing gasoline all over the damn place….

    Steupsss…
    You also have the same self-image issue as the damn girl…. who is probably a brilliant young woman with the ABILITY to conquer the world – choosing instead to loiter under the skirt of some foreign low-life scum – whose claim to fame is having bribed one of our jackass politicians…

    de two o’ wunna deserve some warm lick in wunna donkeys…

    Like

  10. HAMILTON A HILL August 13, 2017 at 8:20 AM #

    @ chad 99999……lets say that as of tomorrow cameras are erected at the air and sea ports. Do you truly believe that the hole would be plugged? I don’t care what the Actor of policing operations says while certain custom officers may well be complicit, this thing is way bigger than any lapse in the customs be it on or off site. Do you remember when “Blues” was shot down for doing what anyone of us would have done? Do you remember that it took a sustained outcry from the community for the wheels of justice to finally begin their painstakingly long revolution? Do you recall that our Attorney General knowingly broke protocol seemingly in an attempt to influence our justice system, so that the shooter a trained police officer was granted bail days later? Do you not see that in today’s Barbados the rule of law applies only in certain instances? Caswell might be nuff things……..the wrecking ball that mashing up we country aint one o dem.

    Like

  11. Carson C Cadogan August 13, 2017 at 8:20 AM #

    The Workers who march on 24 July 2017 were, for all intent and purposes, at work.

    Like

  12. HAMILTON A HILL August 13, 2017 at 8:25 AM #

    Talking about GP ………this site would be so much better if Carson Cadogan could be made to suffer a similar fate.

    Like

  13. Well Well & Consequences Observing Blogger. August 13, 2017 at 8:30 AM #

    That is why the unions should never allow themselves to be used by the private sector who can at any time coerce their employees to march against government, under the threat of firings.

    A march against government should be an informed decision between unions and their registered numbers……

    …..if the private sector wants to march against government, by coercing and using their non unionized employees….it should be a separate and distinct march from unionized employees..

    Like

  14. Wily Coyote August 13, 2017 at 8:33 AM #

    All I say, IS YOU GET WHAT YOU SOW.

    Like

  15. Well Well & Consequences Observing Blogger. August 13, 2017 at 8:33 AM #

    Carson….is it you let in the Venezuelan shadow company into Barbados.

    Which minister has been singing this company’s praises to anyone who would listen, tell me nuh.

    Like

  16. Bush Tea August 13, 2017 at 8:37 AM #

    @ Hamilton
    We need Carson and angela to keep reminding us of the depths to which our political leaders have sunk.
    If Carson and angela were not here on BU …. COULD you possible conceive that ANYONE could be such brass bowl idiots? …and by having BOTH a male and female example – we can make clear conclusions about the kind of jackasses with which we are dealing….

    David(BU) is a BOSS…
    Sometimes Bushie wonders if the boss is paying these morons to come and make his site the PERFECT platform that it has become….certainly for whacking…

    …although Bush honestly expected GP & Zoe to have been back by now – after having done a complete review of the Bible.. and having modified their ‘exegeses techniques’ to better deal with Bushie’s whacking….
    LOL
    ha ha ha

    Like

  17. Well Well & Consequences Observing Blogger. August 13, 2017 at 8:39 AM #

    All yuh cant blame Comissiong for letting in a sketchy Venezuelan shadow company.

    Is all yuh in government involved…..lol

    Since yall so corrupt Carson….will there be fallout for the ministers from these ongoing investigations…….. ah hope there is, a lesson has to be taught to black governments somehow, some way.

    Like

  18. HAMILTON A HILL August 13, 2017 at 8:46 AM #

    The existing thread pertaining to the sale/ give away of Bajan property would never attract the attention of this nuisance, and Chad99999 getting wrecking balls mixed up.

    Like

  19. Well Well & Consequences Observing Blogger. August 13, 2017 at 8:56 AM #

    Dont mind Carson….both government’s web and thread of deceit and decades of enabling and condoning exploitation of their own people by white foreign lowlife employers, enabling foreign white, indian and syrian criminals to set up shop on the island without consequences, allowing local white collar criminals to exploit the people and control lucrative, established criminal enterprises, as long as government ministers get their cut… are all unraveling at an alarming rate, cant wait to see some of them in handcuffs boarding a conair to the good old US of A.

    Like

  20. Well Well & Consequences Observing Blogger. August 13, 2017 at 9:07 AM #

    Sorry….I dont want to seem like ah discriminating….

    ….allowing local white, indian, syrian and certain black, white and other collar criminals to exploit the people and control lucrative, established criminal enterprises, as long as government ministers get their cut… are all unraveling at an alarming rate, cant wait to see some of them in handcuffs boarding a conair to the good old US of A.

    Carsons idiot statement alone should tell you, with all the lawyers in parliament and infested on the island, that none of them care that existing labor laws outlaw enabling a slave society in any form….

    ……employees should not have to run from job to job searching for an employer that does not practice exploitation, racism and violation of worker’s rights. ……

    ……government is responsible for enforcing existing laws that would penalize local employers, ….including and particularly foreign employers on work permits, deport them for these illegal practices.

    Instead….government ministers, both governments, take their bribes to keep these practices in place.indefinitely.

    Like

  21. David August 13, 2017 at 9:09 AM #

    @Bush Tea

    You have hit the nail on the head. Do you remember when BU was accused as a racist blog because we allowed Negroman et al (one of the nomikers that person used) to get away with a few comments? The ensuing discussing served a purpose, BU is for the most part self regulated, we do not suffer ignorance gladly and will dismiss the purveyors in a hard beat. It is why Cadogan, ac and a few other have been relegated to the not to be taken seriously category.

    Like

  22. Jeff Cumberbatch August 13, 2017 at 9:12 AM #

    Caswell, the offshore employer is unlikely to get away with that ruse-

    *Lord Denning MR said: *‘The law, as I see it, is this: If the true relationship of the parties is that of master and servant under a contract of service, the parties cannot alter the truth of that relationship by putting a different label upon it. If they should put a different label upon it and use it as a dishonest device to deceive the Revenue, I should have thought it was illegal and could not be enforced by either party and they could not get any advantage out of it – at any rate not in any case where they had to rely upon it as the basis of a claim. See Alexander v. Rayson (1936) 1 King’s Bench 169. An arrangement between two parties to put forward a dishonest description of their relationship so as to deceive the Revenue would clearly be illegal and unenforceable.
    On the other hand, if their relationship is ambiguous and is capable of being one or the other, then the parties can remove that ambiguity, by the very agreement itself which they make with one another. The agreement itself then becomes the best material from which to gather the true legal relationship between them.

    Like

  23. Old Baje August 13, 2017 at 9:22 AM #

    Jeff,
    Can this employment contract be construed as an attempt to defraud the NI and circumvent the employment laws of Barbados? Has a crime been committed? Seems so to me.

    Like

  24. Bush Tea August 13, 2017 at 9:25 AM #

    @ Jeff
    …yet another clear example of the idiocy of the legal profession.

    In the final analysis, if the parties agree and sign contracts to that effect, the relationship is as they agree. The petty details that would confirm an obvious ‘master and servant’ relationship can EASILY be bypassed formally.
    Basically, the law is useless in seeking to regulate such relationships, in a situation where the ‘servant’ has been educated to see themselves as a serf….and that ‘success’ is about being hired as a servant, while the ‘master’ is made to feel that he is doing us all a big favour.

    There is no ‘legal’ solution to such problems. Such ‘solutions’ merely provide funds to useless lawyers…. (but that may be the objective…?)

    The solution is related to SPIRITUAL empowerment, self-awareness, self-image ….and enlightened leadership…… ALL of which we are currently lacking.

    Like

  25. Jeff Cumberbatch August 13, 2017 at 9:32 AM #

    *In the final analysis, if the parties agree and sign contracts to that effect, the relationship is as they agree. The petty details that would confirm an obvious ‘master and servant’ relationship can EASILY be bypassed formally…

    The solution is related to SPIRITUAL empowerment, self-awareness, self-image ….and enlightened leadership…… ALL of which we are currently lacking.*

    @Bush Tea, you are out of your league, although i doubt that you can be so persuaded. Romp on… or pray on it!

    Like

  26. Well Well & Consequences Observing Blogger. August 13, 2017 at 9:33 AM #

    ” If the true relationship of the parties is that of master and servant under a contract of service,”

    Given the Caribbean’s slave history, there should be no master/servant language in an employer/employee contract or even the hint of one…not even in precedents. .it’s 2017…not 1917 or 1817..

    As disgusting as the US can be in their practices, I have never, ever had to sign such a contract, not even with a hint of any such language….and certainly not with any such practices or hint of such in place.

    Hopefully no employee/employer contract in Barbados contains such language, which should have been eliminated from all precedents decades ago.

    Besides….ALL employees on the island should be unionized, if they work past 5pm or the agreed upon time…they should be paid time and a half for every hour after that, if they work weekends and holidays, they should be paid double time…

    Instead….the ministers are stealing the workers rights and their income by taking bribes from nuisance, racist, thieving employers bith local and foreign to violate worker’s rights.

    Like

  27. Jeff Cumberbatch August 13, 2017 at 9:36 AM #

    Jeff,
    Can this employment contract be construed as an attempt to defraud the NI and circumvent the employment laws of Barbados? Has a crime been committed? Seems so to me.

    @ Old Baje, The criminal offense will require proof af an intention to defraud on the part of the employer. A likely defense is that this was merely an attempt to arrange the company’s affairs in the way to attract the least financial obligation. However, if the true arrangement is found to
    be one of employer and employee, the NIS and BRA can make claims for their entitlements…

    Like

  28. Old Baje August 13, 2017 at 9:41 AM #

    Jeff,
    Thanks for the clarification

    Like

  29. The Gazer August 13, 2017 at 9:41 AM #

    There is a phrase that puzzle me. Should this be in a contract….

    The contractor agrees “That AUB is entitled from time to time to add to or vary ‘The Policies” or any of them as AUB may deem fit and agrees to abide by and/or comply with The Policy whether original, additional or varied”

    Translation. After you sign the terms and conditions can be modified whenever and to whatever we want.

    Doesn’t that defeat the purpose of a contract….Binding on one party…

    Like

  30. Jeff Cumberbatch August 13, 2017 at 9:43 AM #

    Jeff,Thanks for the clarification…

    @ OB, You are most welcome!

    Like

  31. Jeff Cumberbatch August 13, 2017 at 9:45 AM #

    There is a phrase that puzzle me. Should this be in a contract….The contractor agrees “That AUB is entitled from time to time to add to or vary ‘The Policies” or any of them as AUB may deem fit and agrees to abide by and/or comply with The Policy whether original, additional or varied”

    @ Gazer, This is an exercise of the managerial prerogative although in a unionized workplace, a creditable union should demand consultation on it.

    Like

  32. The Gazer August 13, 2017 at 10:06 AM #

    Thanks.
    I was thinking it was much broader than that…
    One day the employee walks in and hours and wages are changed and the changes do not benefit the employee.

    Like

  33. Jeff Cumberbatch August 13, 2017 at 10:10 AM #

    One day the employee walks in and hours and wages are changed and the changes do not benefit the employee.

    @ The Gazer, This would be change of TERMS of the contract, not employment POLICIES like those on Occupational Health & Safety, Sexual Harassment and the use of computers. The former is not permitted by the law, absent the agreement of the parties

    Like

  34. Kevin August 13, 2017 at 10:14 AM #

    It would be a cop out to say that, ‘she shouldnt have signed the contract’. Tell the lady to take the contract to the labour office or FTC and seek a little advice. If company is in the wrong, they will contact the company and they will then be made of aware of the law and practices of this island. Many employers know that so much people especially UWI grads are looking for jobs and people would sign this sort of contract just to get a lil work. And in reference to the changing of policies, my experience is that there is a contract, then there are the company policies. In all of the places I have worked (all in the offshore sector) I was given a contract to sign. However I was only given the detailed company policies after my first day on the job. If the policies were changed, at one company both the employer and employee was given to sign off as an addendum to the contract. The other companies I worked at the policies was just changed or updated with no addendum. I would advice the lady, if she is not working to take the job, however keep looking for another. If anything she would get some experience to boost her resume and some bargaining power at another interview.

    Like

  35. A.Dullard August 13, 2017 at 10:15 AM #

    @Bush Tea at August 13, 2017 at 8:14 AM
    What a masterful exposition of what is wrong in Bdos. Unfortunately, apart from a handful of commenters, few of your so called BBBB’s will appreciate this.

    Speaking of which, I see sparring with the advocate serf has already commenced.

    A.Dullard

    Like

  36. Carson C Cadogan August 13, 2017 at 10:15 AM #

    DAVID

    “”and a few other have been relegated to the not to be taken seriously category.””

    HAHAHAHA

    In your old age you really should take stand up comedy as a job. You are hilarious!!!

    This is the same man who in 2012 told me that the DLP don’t stand a ghost of a chance winning the upcoming elections. The people would not vote back into office the DLP. He was egged on by the likes of “”Tell me why””, a person who lives in another man’s country, “”just asking””, who seem to have gone to the great beyond, “”the scout””, who has gone to the great beyond, “”old onion bags”” , who has vanished.

    Now these have been replaced by “”Well Well””, who lives in another man’s country and does not have a vote in Barbados, “”Artax””, a clueless person, “”Vincent Haynes””, who is relishing the thought of Barbados collapsing, all signing the same song of the idiots from pre 2013 elections.

    DAVID who is writing the same nonsense over and over again as before hoping against hope that he might right.

    Like

  37. David August 13, 2017 at 10:26 AM #

    It would be interesting to see if the questionable clause pointed to by Caswell is embedded in the contract across the other jurisdictions AUB operates.

    Like

  38. Well Well & Consequences Observing Blogger. August 13, 2017 at 10:31 AM #

    It’s the unions have the power to remove the corrupt government now Carson..they better make the most of that power…if they want the majority population’s support.

    Like

  39. Pachamama August 13, 2017 at 10:56 AM #

    We believe that Jeff maybe spot on about the law.

    Of course that leaves out the question whether the law is an ass or not.

    In all these years of wrangling with law we are not wholly convinced that we will be able transform our societies based on law and law alone, or legal means, if you will.

    So on the larger issues, issues that law pretends to want to confront, we are forced to agree with Bushie.

    This is not to say that Jeff and his thinking have not made substantial contributions to orderly development but we are uncertain whether Jeff’s law-based structures ALONE can take us any further.

    Like

  40. Carson C Cadogan August 13, 2017 at 11:08 AM #

    “”It’s the unions have the power to remove the corrupt government now””

    The fact that WEll WEll and DAVID are depending on the Trade Unions to remove the Govt, is really saying that they have given up ALL HOPE on the Barbados Labour Party being able to do so on their own at the upcoming General elections time. The Democratic Labour Party is just too powerful.

    So they believe that if the unions remove the Govt. then the Barbados Labour Party can waltz into Parliament as the Govt.

    SORRY TO BURST YOUR BUBBLE. NOT GOING TO HAPPEN.

    Like

  41. Well Well @ Consequences Observing Blogger August 13, 2017 at 11:15 AM #

    Carson…or…the unions removing this government will send a message to Mia`s government, that the tag team decades old corruption between both government and the private sector against the people, will no longer be tolerated by the people….

    do you like that one better.

    Like

  42. Carson C Cadogan August 13, 2017 at 11:19 AM #

    MORE BARBADIANS NEED to show an interest in investing in the island’s hotel and hospitality sector as the country struggles to earn foreign exchange, maintain reserves and service debt

    That’s the suggestion from businessman Philip Tempro, after it was confirmed he and Barbadian partner Bjorn Bjerkhamn had invested millions in a second hotel project that is expected to attract a large international brand to the island.

    Well said Mr. Tempro.

    Like

  43. Pachamama August 13, 2017 at 11:39 AM #

    Carson Cadogan

    Yuh political pimp!

    Like

  44. Well Well @ Consequences Observing Blogger August 13, 2017 at 11:40 AM #

    trying to change the subject will not help.

    no one likes Tempro, everyone knows how nasty he is and his dislike for paying bajan employees liveable wages…

    …. he would more than likely not speak to you should he spot you in the streets, would pretend he did not see you…Carson…but a slave like you wont notice the difference.

    there are other more lucrative investments than tourism, 50 years of tourism and government still cant pay it`s bills, lower the deficit or keep an adequate amount of foreign exchange in the central bank…too much corruption, not enough diversification caused that…you cannot onlyrely on one money earner in an evolving world.

    Tempro is not intelligent enough to give anyone that is more educated than Carson and his fellow yardfowls business advice.

    Like

  45. Bajan Free Party/CUP/.Violet Beckles Plantation Deeds from 1926-2017 land tax bills and no Deeds,BLPand DLP Massive land Fruad and PONZI August 13, 2017 at 11:50 AM #

    On going slavery with the help of PIMP liars and scumbag ministers

    Like

  46. Well Well @ Consequences Observing Blogger August 13, 2017 at 12:33 PM #

    ….not forgetting the slave like, uneducated, repulsive, sewer rats for government yardfowls.

    Like

  47. Bush Tea August 13, 2017 at 1:18 PM #

    @ Jeff
    @Bush Tea, you are out of your league, although i doubt that you can be so persuaded. Romp on… or pray on it!
    +++++++++++++++++++++++++++++++++++++++++++
    It may surprise you to know that you could not be more wrong….

    Like

  48. Caswell Franklyn August 13, 2017 at 1:34 PM #

    Reblogged this on Caswell Franklyn’s Weblog.

    Like

  49. Bush Tea August 13, 2017 at 1:40 PM #

    @ A.Dullard August 13, 2017 at 10:15 AM
    Thank you.

    Education is an impressive thing.
    It can create a fantastic genius out of a poor, fragile little child…..
    …or it can take a potential giant of a person, with phenomenal intellect and brains, …and make them into a useless, self-decricating brass bowl…

    Our ‘eddykashun’ system in Barbados has almost perfected the latter approach…. at great expense we have maintained impressive ‘literacy’ rates – while the products of the system strive to ‘find work’ with strangers -many with inferior investments in their education….at rates that ensure we end up just about where we started out.

    That someone as exposed and talented as Caswell could, in this day and age, be focused on begging some shiite foreigner to ‘give an ease’ to one of our young graduate servants – RATHER than be engaged in CREATING entrepreneurs and ENFRANCHISING them to be able to offer gratifying and UPLIFTING opportunities to their fellow Bajan brothers, sisters and cousins …represents the ultimate FAILURE of our system.

    ….and Bushie used Caswell because his is a selfless, positive and community-centric interest in the upliftment of fellow Barbadians …. as opposed to the attitude of the shiite politicians who actually accept BRIBES, and otherwise collude with the foreigners to keep their brothers and sisters poor and clueless… If not Caswell …then who…?

    We do not need ‘laws’ to make our imported ‘masters’ treat us better…
    What we need is the VISION…and leadership…to see ourselves as our own masters…

    Like

  50. David August 13, 2017 at 1:53 PM #

    Caswell your column mentioned in the offshore university forum:

    http://www.valuemd.com/main-foreign-medical-schools-forum/246323-allegations-report-true.html

    Not sure what they are saying though…

    Like

  51. Annoyed Citizen August 13, 2017 at 3:57 PM #

    I personally think that some of you are full of bullshit. Yes he has spoken out on some things in the past that has repercussions, so does every other person, but at least he is speaking his mind on issues that affect us all.

    Government is in bed with some of these companies, I KNOW THAT FOR A FACT, Payola is a prominent thing in Barbados to get things done quickly (taking a leaf from the music industry)

    Kindly note, that this particular company is owned by INDIANS from India who not only happen to be idiotic in their dealings but RACIST to boot. Because it says American University does not make it American.

    Think about it, IF you were in this situation what would you do? currently the country is going through a recession, so as a local Staff at this institution, know most probably would know that jobs are hard to come by and they may have families to support and are probably trying to put up with the crap in order to try to make it for themselves and family.

    I know a few who work there and they do not agree with a lot of things. Some staff are currently being bullied and pressured to sign contracts or else. The permanent staff contracts are no better, Don’t talk about going to the LABOUR DEPARTMENT EITHER, What can they do, they are understaffed and over worked with a lot to deal with on a daily basis. A lot of the contract is against the LABOUR LAWS OF BARBADOS.

    Its one thing to bring these people here to set up businesses, BUT ANOTHER TO SELL OUT YOUR OWN PEOPLE IN DOING SO, TO BE MISTREATED, BE UNDERPAID, AND FORCED TO HANDLE A LOT OF SHIT BASE ON RACISM OR WHAT IS CONSIDERED THEIR CAST SYSTEM. This should not be happening, NOT HERE IN BIM. Not after everything our forefathers fought so hard against.

    When bringing companies to Barbados, Gov should have an institution in place to police these companies and make sure that they comply with the Laws of Barbados. And to make sure that Our people are treated properly. Also to safeguard our foreign exchange, Make sure these companies cannot send all funds acquired out of the island as they do now.

    This Current Government should be investigated for taking bribes, and held accountable for their actions. They were placed in power by the people, to represent the people and should be held accountable by the people. So take a leaf from Trinidad and Jamaica and a few other countries. If found guilty they should be prosecuted.

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  52. Bush Tea August 13, 2017 at 7:58 PM #

    If found guilty they should be prosecuted.
    +++++++++++++++++++++++++++++++++++
    Presumably they would have to be prosecuted BEFORE they can be found guilty…

    Perhaps if found guilty, they should be PERSECUTED.

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  53. Labtex August 13, 2017 at 9:26 PM #

    The contract is quite unfair for an employee to be expected to sign; but because of today’s economic situation, some people might just well be forced to sign to earn an honest dollar.

    The first part of the headline I agree with that the company is flouting the labour laws; but as for the second part, I am only able to understand that as speculation.

    If NIS was informed about this; then they ought to prosecute; and only if they didnt prosecute would you say that they are getting away with it.

    There is a schedule to the Employment Rights Act which lists factors to be taken into account for determining whether someone is an employee or not; the list concedes that it is not exhaustive and many if not all of the items have come from the common law. The contract itself meets a few items on that list; Example: work carried out within fixed hours or at a workpalce specified; work involves the integration of the employee in the employer’s organisation; employee is subject to the procedures of the business.

    ALSO the contract itself is inconsistent and refers to the “Contractor” as “Employee” as well.

    A rose by any other name is a rose.

    If they remain unprosecuted, then either they have received special treatment (concessions or other “legal” amenities); or the relevant authorities aren’t doing their job.
    If the latter, then the problem is two-fold: shame on the employer and shame on the administration that sits by and lets the laws of Barbados be flouted.

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  54. rola August 23, 2017 at 1:25 PM #

    that slavery, she should be at work from 9 to 5, and saturdays 9 to 1pm. I dont think they want to pay her when she work overtime or on saturdays. There should be some board that is responsible for these companies that come in barbados to rob and take advantage of workers. Some years back a company came into barbados, and employed workers but didnt pay them, then it was later learned that the company was shut down in canada, so they move to barbados, where the set up was easy, and no questions asked. I think the girl should be looking for another job, if she can find one.

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