The Jeff Cumberbatch Column – Of PSVs, Dress Codes and Vicarious Liability

I was especially intrigued this week by the action of the PSV employees to strike against commuters because of their dissatisfaction with being compelled to wear uniforms emblazoned with the logo of the Barbados Transport Authority rather than that of the owners of the vehicles, and the ensuing discussion in which I believed I heard, though I might be mistaken, that the owners of these vehicles are not responsible for the wrongful acts committed by the workers on them.

These two issues raise interesting points for legal study; first; the statal authority’s entitlement to prescribe the form of dress that a worker engaged in a private contract of employment under its regulation should adopt and, second; the notion of an employer’s liability for the wrongs of those in its employ, the common law doctrine of vicarious liability that is currently undergoing what may be justifiably described as seismic change.

As for the first, we may take as our point of departure that what one chooses to wear is essentially an exercise of his or her constitutionally guaranteed freedom of expression, although it is entirely possible individually to cede away this right by contract or some other mechanism. Indeed, the opening words of the relevant provision in our Constitution makes this clear-

Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression…” (emphasis mine)

Most frequently, this freedom of expression in respect of dress is conceded in the context of schools or other kindred organizations and of employment where the state, school authority or the employer competently determines what would be considered acceptable dress while engaged in the contracted activity.

It may also be subject to the demands of the occupier of the premises upon which the individual proposes to enter lawfully. And while some of these conditions may be questioned for their correlation with common sense such as the prohibitions on arm holed dresses for women and shorts for men in some places, it is perfectly within the remit of the occupier, whether the state or a private entity, to determine the conditions of entry onto their premises. And, of course, there may be constitutional legislative prohibition on certain forms of dress may be gleaned from the recent Caribbean Court of Justice ruling in the Guyanese cross- dressing case

According to the state action doctrine however, the constitutional fundamental rights are ordinarily enforceable against the state or state entities only, so that at first blush, unless the state or the entity falls within the role of school authority, employer or occupier or unless there is appropriate legislation, the state and its corresponding agents should have little authority to determine what an individual chooses to wear at any time.

Moreover, the unilateral requirement for the PSV workers to wear the logo of the Authority would seem impermissibly to override the managerial prerogative of the owner/employer of the PSV operation to determine the required mode of dress of its employees. One could scarcely conceive of the Fair Trading Commission mandating the uniform of the workers of the telecom company or of the BWA or of the Financial Services Commission directing what the employee of any given credit union should wear.

On these bases, the Transport Authority would be required to show that its mandate is a proportionate response or, as the Constitution puts it, that it is reasonably required in the circumstances. The objective of bringing some order to this notoriously intractable sector is doubtless a laudable one, but reasonableness in this context would demand that the Authority should infringe as little as possible on the fundamental right of the employee and, arguably, in this case, the employer.

The notoriety of the sector would naturally make it difficult for the commuting public to see any virtue at all in it, but on this occasion I do believe that it has a valid point. If the owners are of a similar view, I do not believe that the door is or should be closed for further collective negotiation and compromise on the matter.

Vicarious Liability
As I stated above, I thought that I heard at some time last week that the PSV owner was not to be considered liable (vicariously) for the wrongful acts of the workers on his, her, or its vehicle. If so, this would be a gross misstatement of the current state of that area of law that most agree is undergoing a sea change. I do not intend to bore my readers on the first Sunday of 2019 with a prolix disquisition of the principles in this area, but suffice it to say that here the title of Chinua Achebe’s classic novel, “Things Fall Apart”, aptly describes the current state of affairs.

For instance, where once the law required for the mainly tortious liability of the worker a relationship of employer and employee, the common law has now stretched the law so as to include those in a relationship “akin to employment”, a category that has so far been held to include that between (i) a prisoner who negligently injured a kitchen assistant on the prison kitchen and the Ministry of Justice, (ii) a doctor in private medical practice and the bank that hired him to carry out medical examinations of potential employees and (iii) even a local council and foster parents who physically and sexually abused a child placed in their care by the council. Given these holdings, it would arguably be an easy step to form an opinion that a PSV owner and the driver or conductor are engaged at least in a relationship “akin to employment”… if not the real thing.

Second, there has also been a broadening of the principles governing whether an act occurs, as is required, in the course of employment. Now, the law requires merely a sufficiently close connection between the wrongful act and the employment for liability to exist. Again here, it is arguably difficult to conceive of any act connected with the operation of the vehicle by those who work on it that would not fall within this notion.

All the best for 2019 to you, dear reader.

90 comments

  • Dear Lord, you might think that these clowns would have more serious issues on their minds, if they possess them.

    What is to stop them having their own names on as well if they are such insecure little babies.

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  • But Freedom of expression is like two-edged-sword, of which one edge is freedom and the other edge is responsibility.

    Nevertheless, I don’t know how the government can force a private entity to wear an article of clothing, unless it is funding that private entity?

    The example being: the federal government funds libraries throughout America, but on the condition that they filter computers to prevent kids from viewing pornography.

    And as you well know in America, private libraries that are funded by the federal government must abide by intellectual Freedom…and adult pornography is one such thing private libraries that funded by the federal government cannot censor.

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  • @Jeff

    With respect to you grasping the teaching moment, admit it, successive governments have mismanaged the PSV sector in a manner that is unforgivable. In the process a counter culture has been allowed to take root. After decades of mismanaging the sector this is where we find ourselves. It reflects challenges being faced in the society.

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  • Jeff

    Also in America, most schools operate on city budget with some funding from the state government, but the state nor does the federal government exercise an unilateral oversight over schools in America, like the Ministry of Education would in Barbados.

    So the only way the Bush Administration/ federal was able to enforced its No Child Left Behind Policy, was through the funding of the public schools.

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  • Last point Jeff … in America the federal government uses the Commerce Clause of the Constitution, and funding to get what it wants …

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  • Steupsss
    No room here at all to fight with Jeff today…drat!!
    Again he is at pains to point out ,in relatively lucid English, what the laws attempt to say, and what the local authorities continue to make a complete mess of…

    How the Transport Authority EVER expected to dictate to these ZR people what they must wear, and what they must buy (subject to some government authority’s approval) was always laughable to Bushie…

    Such shiite would work with pubic servants, sugar workers, bank clerks, school teachers and other typical Bajan brass bowls
    …BUT NOT WITH our ZR people.

    Bushie has ALWAYS explained that the ZR community is where most of the NATURAL LEADERSHIP talents of Barbados now reside.
    We created a shiite education system after 1980, that marginalized those with independent thought, with innovative talents, and who do not just learn shiite by rote… THE CREAM OF OUR INNOVATION and CREATIVITY crops …. leaving the brass bowl fluff to float to the top of our society…. where they now f$#&$ everything up daily.

    Now we expect that those shiite fluff can ‘control’ this raw leadership talent…?
    The police/ courts/ government can NEVER control the ZR community – because of it’s SUPERIOR leadership and CREATIVITY skills… negative though its inclinations may be…

    The NATURAL progression is for ANY society to tend TOWARDS the culture of its NATURAL leaders….
    which is what we are seeing everyday…
    How hard is THAT to grasp…?
    One strike in the afternoon of a school day is all it would take to declare a winner in this stupid fight…
    and it will just be another nail in our shiite coffin…

    Joke is … it does not even address ANY of the REAL problems with the sector….
    GRASS….
    We would do well to listen CAREFULLY to what Jeff has been saying to us for YEARS now….
    …or does Bushie have to SPELL it out for wunna…?

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  • @Bush Tea

    Is this the same Jeff, a man of impeccable character that was replaced- as is their right- with new chairman Tammy Bryan?

    By the way is Tammy still a Partner with GWP law firm?

    Liked by 1 person

  • Creativity skills is that being able to get 15 seats in a van meant for 10 lol if you honestly believe in the natural progression to its natural leaders. Where the white folk

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  • @lawson

    The following more fits the definition of creativity.

    terry_arthur.png

    Liked by 1 person

  • Yes that is why Barbados is a magnet for people who love the direct simplicity of the island. I hungry I eating I am only trying to wind bt up before I have to work outside in the cold. Misery loves company

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  • @Bush Tea

    Should we define how smart the minibus/PSV men are by the number of associations they have representing their interest? The latest is that the NUPW is about to enter the fray? If they are so smart wouldn’t Unity be a better bet?

    #askingforafriend

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  • Jeff Cumberbatch

    With respect to you grasping the teaching moment, admit it, successive governments have mismanaged the PSV sector in a manner that is unforgivable. In the process a counter culture has been allowed to take root. After decades of mismanaging the sector this is where we find ourselves. It reflects challenges being faced in the society.

    Yes, David, it does. But it is still better to try to have then pissing out of our tent than to have them pissing into it. Creative ways must be considered to bring them into the public transportation architecture.

    Liked by 1 person

  • Jeff Cumberbatch

    We created a shiite education system after 1980, that marginalized those with independent thought, with innovative talents, and who do not just learn shiite by rote… THE CREAM OF OUR INNOVATION and CREATIVITY crops …. leaving the brass bowl fluff to float to the top of our society…. where they now f$#&$ everything up daily.

    Now we expect that those shiite fluff can ‘control’ this raw leadership talent…?
    The police/ courts/ government can NEVER control the ZR community – because of it’s SUPERIOR leadership and CREATIVITY skills… negative though its inclinations may be…

    As my mother might have said, “Rain going fall”. I agree with you…for once! LOL, Ha, ha, ha!
    ,

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  • Jeff Cumberbatch

    Is this the same Jeff, a man of impeccable character that was replaced- as is their right- with new chairman Tammy Bryan?

    @ David, I am he. Everything is for a season!

    Liked by 1 person

  • @Jeff

    Are you aware the sector can be made more efficient in quick time if the government had the appetite?

      Let us start at ownership?

      Let us look at the key stakeholders i.e. government and Licensing Authority, insurance companies, Police

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  • For the first time made public, it was this single decision made by the government after winning office that signalled more of the same maybe in the offing.

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  • Someone should do a case study about the Bajan fascination with certain types of dress (codes). What is the reason behind this mandate requiring PSV operators to wear uniforms with BTA logos? When it comes to the PSVs uniforms should be far down the list of issues that need to be tackled but this is what happens when square pegs are inserted into round holes ……

    BTW I just visited the BTA website and note that Sandra Forde is still listed as GM of the Transport Board no wonder the ZR drivers showed them their collective posterior.

    Liked by 1 person

  • I think the creativity of the PSV sector lies in the perception of a social need by the owners and the filling of that need. Like the man who builds a better mousetrap, the public beat a path to the PSVs door. It is the way of capitalism.

    Unfortunately, the workers, since their wages are dependent on the enterprise’s profits, are constrained by the same system to CAPITALIZE on opportunity by conduct bordering on illegality. It has now become ingrained in that sub-culture as it is in the dominant culture. Get what you can and get it fast! And if you do not do it, others will…The system itself created this monster!

    Liked by 1 person

  • @ David
    What is your point?
    They should have about twenty associations.

    Name another sector that…
    is as highly taxed,
    is constantly harassed by police,
    faces constant INCREASES in costs,
    has FIXED fares -BY LAW,
    No tax-free status
    Massive increases in fuel costs
    massive wear and tear
    …..and manages to not only make a profit, BUT to be a VITAL and key player in one of the most CRITICAL sectors of society.

    Compare with the Transport Board and its tax free status, exemptions, …and MILLIONS of transfers from the treasury (funded by the same damn ZR people)… for effect.

    Unlike the shiite Unions, these ZR people could end ANY government if they really wanted to….
    so, the more REACH they establish via their various ‘associations’ the more CLOUT they are able to exert…
    don’t be misled…

    You LISTENED to their press conference…?
    Those people are MORE COMPETENT than any of the shiite boards that we currently have in place…. ANY.

    BTW
    Why don’t you do a BU list of the various ‘Boards’ and their associations with the relevant (or other) ministers..?
    …so we can see the great ‘talents’ that the BLP has assembled to turn Barbados around?

    It seems to Bushie that lawyers are hard-pressed to make some extra money in areas where they are total ignoramuses…
    …either that or the ministers are micro-managing via their stooges…
    There is NO WAY such jokers can control the ZR MEN…. NONE.
    THAT would take some BALLS …AND Brains, boss…

    Liked by 1 person

  • Are you aware the sector can be made more efficient in quick time if the government had the appetite? Let us start at ownership?

    @ David, messing with the ownership is tricky. These owners have a constitutional right not to be deprived of their property without adequate compensation.

    No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any descrip- tion shall be compulsorily acquired

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  • @Bush Tea

    It makes for good blogging to romanticize the issue.

    Your prolix serves to confirm the social impact when a zero sum game is allowed to play out.

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  • @ Jeff
    No rain will fall Boss…
    We agree almost always…
    Bushie just like to argue with you …in an attempt to see how far you are willing to go -using your real name…
    …to be honest with the bowls about their plight… LOL

    You would make such a GREAT anonymous blogger…. wow!!!

    @ David
    What exactly gives the BLP the ‘right’ to replace Jeff with some little girl who has been keeping Hat’s secrets for him?
    Are you saying that the Nation’s business SHOULD be at the whims and fancies of a bunch of miscreants who happened to convince Bajan Brass Bowls to vote for them …and AGAINST the absolute WORST set of jackasses imaginable…?

    Why are there not performance standards in place…
    Why is there not an INDEPENDENT panel that assesses the qualifications …AND THEN the performance of these intended appointees.? …and then appoint the BEST talents?

    Name ANY serious organization that hires executives like we do in Barbados…
    What would you call a people who choose their leaders like we do…?
    and expect to succeed…?
    Hint… it rhymes with RH….

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  • LOL @ David
    Boss… If Bushie was not rich as shiite….
    He would be a ZR driver. / owner.. (NOT a conductor doa)
    LOL
    Murdah!!!

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  • @Bush Tea

    There is concurrence.

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  • @ Jeff
    I think the creativity of the PSV sector lies in the perception of a social need by the owners and the filling of that need.
    ++++++++++++++++
    BINGO.
    You are a boss.

    So …given THAT reality….
    What would you proffer as the best approach to solving this problem…?

    Warning… DO NOT allow your intimate understanding of our tainted and mostly ill-conceived ‘laws’ to limit your options for a solution.
    Ownership (for example) is just a temporary concept.
    Rocklyn used to ‘own’ buses too….

    Liked by 1 person

  • @Jeff

    The comment was not about causing injury to the beneficial owner. It was about enforcing the existing rules.

    Is there clarity in the law as it relates to a legal name owning multiple permits and said legal name leasing those permits do you know?

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  • Is there clarity in the law as it relates to a legal name owning multiple permits and said legal name leasing those permits do you know?

    @ David, In these matters, I have as little knowledge as a daw. Some of Barbados best kept secrets that an enforced freedom of information culture would shed some light on. See you people layer today…Bushie, I will return to your question then….

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  • Psv buses should be allowed and encouraged to sell advertising space on the sides of the buses.

    Drivers and conductors should wear uniforms with advertising on the front and backs of the shirts.

    The Owners, drivers and conductors should all share in the income generated .

    Dreaming. lol

    https://www.news.com.au/sport/motorsport/formula-one/lewis-hamilton-is-an-advertisers-dream/news-story/3d7169453002b7740dd6a90fcf8ccfb1

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  • @Hants

    This is the least of the problems affecting the sector.

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  • @Hanats1

    Who are these potential advertisers?

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  • What kind of fool would risk a PSV strike especially at this time of scarce transportation to enforce a stupid policy that should NEVER have been even thought of? If you want PSV workers to behave themselves responsibly should not the authorities set the example?

    Now people are ALWAYS complaining that people need to look for work. These men are WORKING. They have some bad driving habits that originate mainly from the payment arrangements of drivers and also from the overcrowding of certain routes. I happen to know that these people have been begging government in the most polite of ways to address some of their issues. NOTHING HAS BEEN DONE!

    BUSINESS AS USUAL! Meet the new boss. Same as the old boss.

    And now you come with some expensive uniform with a crest that does not represent them and expect them to fall in line?????

    Now some of them, I understand even the worst of the worst have formed an association and promised to change some of the nasty bad habits. The leader, I understand is a serial offender who has begged for a chance to change the culture..

    But do we gleefully grab it with both hands?

    NO we have to show them who is boss! We have to crush these cockroaches and keep them on the outside. But you know it is predicted that the nuclear bomb would wipe out humans whilst the cockroaches will adapt and survive?

    I want you all to know that this country is now at the mercy of the PSVs.

    Treat them like humans and maybe they will return the favour.

    This is the ONLY approach that hasn’t been tried so far.

    I’m just saying.

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  • The PSV sector has floated the request of $3.00 bus fare. Stated on the afternoon talk show (in progress).

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  • @ Donna
    ” Treat them like humans and maybe they will return the favour.”
    ++++++++++++++++++++++++++++++++++++++++++++++++
    Woman where you come from though….?
    Some shiite is REAL strange about you hear…!!!
    Go to the top of ALL the classes….

    Any bets that Jeff will say EXACTLY the same thing when he gets back …
    …except he will say it in the most polite, professional language imaginable….

    Unlike Donna
    …and stinking Bushie
    LOL
    ha ha ha

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  • @BT
    “You would make such a GREAT anonymous blogger…. wow!!!”
    I concur. But his writing style would betray him.

    He is probably giving them nightmares using his real name. With anonymity and his pen, he would move up on lists that he not already at the top of.

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  • TheO G
    I concur. But his writing style would betray him.
    +++++++++++++++++++++++++++++++++++
    You think Jeff was born yesterday…?
    …or even this century…?

    Come on man…

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  • Jeff Cumberbatch

    Any bets that Jeff will say EXACTLY the same thing when he gets back …
    …except he will say it in the most polite, professional language imaginable….

    !@Bush Tea, you could have bet your house, Of course the PSV sector ought to be part of the national transport solution< Their conduct might not be of the bowing, shuffling, “Yessir, No ma’m” variety that typified the Barbadian in the business environment, but they need to be different in order to forge new paths of much hailed black economic enfranchisement…

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  • @Jeff
    Can you tell me why they enforce no camouflage clothing for locals, or tourists, and can’t enforce a uniform provision on the ZR’s?

    I your gonna require certain dress codes as the BTA, Then Zr’s,and Mini’s should get the same subsidies as the BTA. which I understand is in the $9 range when you consider cost of fuel, fuel tax, and vat. Some where there ha to be a level playing field.

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  • “If” & “has”……………………Sorry

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  • @racehrse

    Do minibuses operate on non profitable routes to compare with TB buses?

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  • Jeff Cumberbatch

    @Jeff
    *Can you tell me why they enforce no camouflage clothing for locals, or tourists, and can’t enforce a uniform provision on the ZR’s?

    @racehrse, I thought that they did indeed enforce the uniform law for ZR workers. The current issue is not about the uniforms though, it is about the BTA logo on it,,,

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  • @Jeff
    I’ve never seen a ZR driver/conductor in any kind of uniform.

    @David
    Don’t know, because ZR’s & Mini’s don’t have a published schedule. But always thought ZR’s & Mini’s were given more off main or more non profitable routes.

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  • @racehrse

    You would be mistaken.

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  • @David

    Well then, please enlighten me! And while you at it, do you know if they share the same costs for fuel, fuel tax, and vat with the Transport Board?

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  • Some years ago on a visit to India I noted bus conductors wore a pyjama pants.I was told that attire was to faciltate a quick nap on the bus seat at the terminus because they worked long hours.Talk of mandating a uniform pyjama! lmao

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  • @ The Luminary Mr. Jeff Cumberbatch

    You said and I quote

    “…@ David, messing with the ownership is tricky. These owners have a constitutional right not to be deprived of their property without adequate compensation.

    No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any descrip- tion shall be compulsorily acquired…”

    Surely, given that we are still withing the 12 days of christmas and the festive season, you are jesting right?

    heheheheheh

    Liked by 1 person

  • Jeff Cumberbatch

    No Piece, I copied part only of the law…

    except by or under the authority of a written law, and where provision applying to that acquisition or taking of possession is made by a written law—
    (a) prescribing the principles on which and the manner in which compensation therefor is to be determined and given; and giving to any person claiming such compensation a right of access, either directly or by way of appeal, for the determination of his interest in or right over the property and the amount of compensation, to the High Court.

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  • Does the mandating of a uniform address any of the problems of public transportation in Barbados?

    Liked by 1 person

  • Well “at least” it caused a problem!!

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  • As simple and trivial as the uniform issue may appear to be it could be the straw that damages the back of the camel. Jeff maybe able to expand on the lacuna in the law which sees the Transport Authority as the oversight body impotent to address urgent matters it has responsibly. Go figure.

    Liked by 1 person

  • Wait does govt have to a right to regulate dress code for Private business owners
    What am.i missing here?
    Barbados tourism industry receives millions of tax payers money
    Now am i supposed to belive that govt has a right in regulating a form of dress code for that industry

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  • @Jeff
    As I stated above, I thought that I heard at some time last week that the PSV owner was not to be considered liable (vicariously) for the wrongful acts of the workers on his, her, or its vehicle.
    +++++++++++
    I am not sure how an owner of a vehicle could escape liability for any unlawful acts perpetrated by his/her putative employee during activity performed for the benefit of that employer. I believe it is settled law that the bartender and the owner(s) of a bar cannot escape liability if the bartender serves alcohol to an inebriated customer and the customer subsequently kills or main someone.

    However, there are a few cases winding through the Courts in the US, Canada and the UK that will determine whether UBER drivers are employees or Independent contractors, perhaps the PSV owners are aware of these challenges and are using UBER’s argument that the PSV drivers are Independent contractors……

    Liked by 1 person

  • “What exactly gives the BLP the ‘right’ to replace Jeff with some little girl who has been keeping Hat’s secrets for him?”

    Because Jeff cannot be turned into that little girl.

    Liked by 1 person

  • “Treat them like humans and maybe they will return the favour.’

    They are not WIRED like that, they RESERVE the humane treatment for the thieves and crooks like themselves.

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  • @ Sargeant
    I am not sure how an owner of a vehicle could escape liability for any unlawful acts perpetrated by his/her putative employee during activity performed for the benefit of that employer.
    +++++++++++++++++++++++++++++++++++++++++
    Employers are only liable to the extent that their employees are operating within Company policy in breaking the law.
    For example…An owner cannot be held liable if his work rules specify that drivers observe the road laws .. and then a driver is caught speeding or overloading.
    If however the owner encourages or permits breaking the laws – or is shown to be negligent in dealing with defaulters, then he becomes liable for ‘encouraging’ the unlawful behavior.

    If you get up from your desk and go outside and stab a passerby …that has nothing to do with your employer..
    … unless he was the one passing by…

    Liked by 1 person

  • @ Ping Pong
    Does the mandating of a uniform address any of the problems of public transportation in Barbados?
    ++++++++++++++++++++++++++++
    Of course not…. why would they try to address these problems…?

    You know as well as Bushie that the intent was to score an easy ‘win’ .
    ..so they could show the ZR’s who is boss
    …and brag that they were ‘getting things done…’

    ‘Solving problems’ call for true intelligence Boss…
    Have you checked out who are on these Boards…?

    These people are mostly there as rewards for yardfowl work
    … and to collect the little stipends…

    Liked by 1 person

  • The Chairman of the BTA is related to the PM.

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  • Jeff Cumberbatch

    *However, there are a few cases winding through the Courts in the US, Canada and the UK that will determine whether UBER drivers are employees or Independent contractors, perhaps the PSV owners are aware of these challenges and are using UBER’s argument that the PSV drivers are Independent contractors……(

    @Sarge, an English case has already decided that the drivers are NOT independent contractors but some courts in the US have held otherwise…

    UK-

    The Court of Appeal has upheld a ruling that Uber drivers are workers, in the latest round of a landmark gig economy legal battle that has implications for hundreds of thousands of precarious workers in the UK.

    US-
    Uber drivers are independent contractors, not full-time employees of the ride-hailing company, a federal judge ruled in what is said to be the first classification of Uber drivers under federal law.

    Liked by 1 person

  • @David
    The Chairman of the BTA is related to the PM
    ++++++++++++
    In my earlier comment I removed any reference to nepotism but since you brought it up looks like another “Family First”.
    Curiously the DLP employed a junior banker to run the Transport Board, now the BLP has employed another banker to run the BTA.

    These bankers must bring special skills…..

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  • @Sargeant

    He has managed the successful production of Laff-it-off.

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  • It is often stated that these PSV’s are variously owned by lawyers,doctors,civil servants,policemen and other significant influential big-ups.One day an authority figure will work out that orderliness of the PSV sector would only be remedied when the owner is the driver.Right now these PSV’s are guided missiles and it’s the law of the jungle on Barbados roads.One day coming soon It must stop.

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  • @ Gabriel
    One day an authority figure will work out that orderliness of the PSV sector would only be remedied when the owner is the driver.
    +++++++++++++++++++++++++++++++++
    Interesting position for you to take….

    So you are saying that since Government(s) have been UNABLE to bring control to the ZR sector, we should disallow owners from operating anything but owner -driven units?
    You do not want to see any moguls developed? .
    .. is THAT it…?

    OK…
    How about another area that is even MORE chaotic – and much more DAMAGING to Barbados…
    where all HELL reigns…?
    YES … in our Courts – where we have TOTAL breakdown…..
    But yet we have a bunch of millionaire lawyers there… (mostly using clients’ funds)
    and the half of them that are not ‘Queens Counsel’ … are being given shiitehoods….
    while not a boy is driving a stroke….

    What do you think we should do about THAT situation boss…

    Break up those partnerships and make each lawyer work on his own steam too….?
    …and ONLY get paid when work is completed…?
    …or do you have different strokes for different folks…?

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  • Bush Tea
    I am of that era when there was orderliness in the system.You know of which I speak.I was in the era of Sonny Lou from Speighstown operating his pick up from down there to the city, owner driven, after he got tired driving for Romey Reid and Arthur Jordan.Then there was a pick up from St Philip with the owner sitting in the back collecting the fare himself.No cut throats permitted.Things were organized in that Barbados and the likes of Corporal Cyrus,Barabbas and Shunna Frog were there to bring you to heel.The transport board was off and running with some of the routes still in the hands of concessionaires but the point is that a cut throat system was not in vogue because ownership was tightly controlled and the police had responsibility for enforcing the law.
    As to the courts,again,in the bad old days of colonialism,this crap wouldn’t be tolerated.1200 plus lawyers and 1600 plus police officers and nothing going on to stem the rot that is the judicial system because it’s benefitting somebody to keep it so.If the head is rotten get rid of the head but nobody wants to bell the cat or act to stop the rot.

    Liked by 1 person

  • @Gabriel
    Things were organized in that Barbados and the likes of Corporal Cyrus,Barabbas and Shunna Frog were there to bring you to heel

    +++++++++++++++++
    Those were the days before “Shunna Frog’’ lost his hand in that unfortunate incident (not really an incident but a crime) and the perp got 12 years “hard labour” for his crime. CH returned to clerical duty in the Police Dept. Legend has it that the perp was really hoping for “Lion Man”

    Like

  • Bar patron robbed

    Body found floating in Careenage

    Woman found hanging

    Four charged in beating death of puppy

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  • Jeff

    “The current issue is not about uniform though”

    But does it really matter if it is logos or uniform though?

    What ought to concern us most about this logos is the fact that government believes it has the vested authority enforced its will on the people irrespective of their civil rights and civil liberties.

    Like

  • @ Gabriel
    True
    A nostalgic era when Bajans had purpose, discipline and drive…
    Interestingly, we had no money back then…

    Now money is no problem…
    Millionaires like peas….
    Men became millionaires just by reading a document or two….
    …and every shiite in a mess ..and going downhill.

    REAL interesting.

    Liked by 1 person

  • Gabriel

    I have met Shunna Frog, Butter Soup, Lion Man, Fancy Basket, Jesper Watson, Taylor aka Pilot, Arthur, Merritt, Sergeant Sergeant etc, but these were a different type of Dective who prosecuted their job with brute force.

    Like

  • Gabriel

    But these men were up against the likes of, Ben Toe, Teeca, Derrick Mccollen, Big Michael, etc

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  • With the TB struggling to deploy 50 buses on the routes and the promise of a new fleet/ transportation arrangement in 12 to 18 months, PSV operators see this as an opportunity to press demands before the government has the upper hand.

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  • “As to the courts,again,in the bad old days of colonialism,this crap wouldn’t be tolerated.1200 plus lawyers and 1600 plus police officers and nothing going on to stem the rot that is the judicial system because it’s benefitting somebody to keep it so.If the head is rotten get rid of the head but nobody wants to bell the cat or act to ..stop the rot.”

    What is Mia going to do about it…when her attorney general…her land minister her buddy Leslie Haynes, her buddy Peter Harris and ALL the lawyers in HER CABINET, the judges inclined to take bribes, her fellow lawyers and partners.in ba association, her family……are the participants in the court’s DESTRUCTION….they are the BENEFICIARIES..of the court’s destruction

    do you see the conundrum…you used to see things as they are…am sure you still can…what does Mia plan to do to REVERSE what her friends have done for DECADES…to destroy the supreme court…and are STILL DOING.

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  • what does Mia plan to do to REVERSE what her friends AND FAMILY have done for DECADES…to destroy the FUNCTION of the supreme court…and are STILL DOING.

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  • WARU

    Any fool can complain, criticize and condemn, but what are we going to do as the electorate to change the trajectory of politics in Barbados?

    This may appear to be a juvenile question to ask on face-value, but it is a question worth asking as far as I am concerned…

    Like

  • it is instructive to note and REPEAT that the EXILED DLP…changed the constitution to accommodate the current Chief Justice to GET RID of the backlog at the supreme court..am sure they never hired him. to get rid of the bribery corruption though…that is never why yardfowls are hired at taxpayers expensive…..BUT ..to date…the backlog is WORSE..he can do NOTHING about it…because the same corrupt players/lawyes/insurance execs CONTINUE to create the backlogs…to benefit themselves ONLY.

    Maybe if the LAWYERS/MINISTERS would stop focusing so much on suing everyone for defamation…due to their own corrupt actions…and instead focus on cleaning out the human FILTH that has so infected and infested the court to such a degree that it may never function again…they would not need to sue anyone for defamation…

    Kick BLP out of parliament…Lexicon..it is not like the people got a choice…29-0 is more than deserving next election…mostly for insulting and disrespecting the people’s intelligence AFTER..in May they elected them….. they then….absolutely refusing to get JUSTICE for the people…or clean up the supreme court of bribery corruption..because they all got so much to hide, so much to cover up….

    .that is more than reason enough….to start a new dawn with new candidates, a new era…free of any possessed needy, greedy self serving duopoly..

    the 1950s style of governance IN 2019 is REPULSIVE…AND INSULTING..to say the least.

    Like

  • because the same corrupt players/lawyers/insurance EXECS/GOVERNMENT MINISTERS/JUDGES ….. CONTINUE to create the backlogs…to benefit themselves ONLY.

    Like

  • WARU

    “It not like people got a choice”

    With all due respect, but that is a defeatist attitude to take, because if power lies in the hands of the people … change must come if not by the ballot then by the bullet…

    Like

  • READ what I posted AGAIN….this time to understand and stop copying just the parts that exposes you as dim…you should have copied the whole sentence, practice it for next time..

    this is what I posted…..

    Kick BLP out of parliament…Lexicon..IT IS NOT LIKE THE PEOPLE GOT A CHOICE..…29-0 is more than deserving next election…

    Like

  • WARU

    I am not advocating arm struggle, but that seems to be a viable option if government continues to undermine the will of the people, but who has the balls? And who is willing to face the consequences of such an endeavour?

    Like

  • Similar issue reported in Trinidad, new buses have to be purchased because of poor maintenance.

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  • Isn’t it strange that Michael Lashley and the DLP brought a Trinidadian at very high cost to the treasury,to oversee bus repairs and Trinidad would do well to pay the same guy TT$6000.00 per month compared to TB paying BD$20,000.00 per month plus board and lodging airfares back and forth.

    Like

  • David

    It is time the government move away from the exclusive owership of the transportation system in Barbados, and outsource some of the nation’s transportation to the private sector, but still maintain a general oversight over the system.
    This is the new trend here in North America … and it works more efficient, plus it is more cost effective, because government don’t have to payout those big retirement packages to employees..

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  • David

    The state in which I live has outsourced its entire transportation system to several small bus companies …. which in turn hires its own drivers, but the state still retains control over the fleet, but the drivers aren’t state workers/ government/ employees … so instead of a pension plan … these employees are given a 401 (k) retirement plan which runs out before the retiree dies… smart cost saving strategy …

    Like

  • David

    And what the state did that i think was smart was to created a fast track Bus which runs simultaneously with regular bus, but instead of stopping at every stop as the regular bus does… the fast track bus stops at every 5 stop taking the pressure off the regular bus.
    .

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  • it’s called an express bus….just like ya got the express train heading uptown bypassing several stops so the local train makes the slow stops….don’t know how well that system will stay consistent for on the island though, since these people hate change, even if it can save them…

    Like

  • WARU

    It is called the Fast Track Bus because there is a completely different station built for this bus, so it can get to point A and Point B without have to deal with the traffic on the road as well

    Like

  • WARU

    In other words: there a track built to take passengers from let us say St. Michael to St. James without having to stop, or having to deal with the inconveniences on the road…

    Like

  • “…………don’t know how well that system will stay consistent for on the island though, since these people hate change, even if it can save them……”

    I don’t believe that’s a fair comment.

    I remember during the early 1980s, the Transport Board experimented with an “express bus system.”

    Also, at various times during the day, Connell Town buses had a sign “First Stop Sandy Lane,” which was meant to deter commuters living in areas between Bridgetown and Payne’s Bay from catching that bus……… and encourage them to catch the Grazettes, Walmer Lodge, Wanstead Drive or Payne’s Bay buses.

    TB also experimented with a “Bridgetown Shuttle Bus” service, which transported commuters between the Fairchild Street and Princess Alice Bus Terminals.

    The first attempt at the shuttle service, saw TB using an old Mercedes Benz bus, which was painted white and had “Bridgetown Shuttle” written across the sides, was abandoned after the bus had to undergo repairs. It was eventually stripped and taken to Mangrove.

    The second attempt at the shuttle service was unceremoniously abandoned, without notice from TB.

    Passengers welcomed and adjusted to these changes in the transportation system, which, unfortunately, were unsustainable, because of poor management and unavailability of buses.

    Like

  • Sir Simple Simon, P.C.

    Dress codes:

    Nobody should need to tell big men and women when to bathe, when to wash their clothes, how to iron their clothes. Nobody should have to teach big men how or when to shave. Nobody should have to tell another human being to brush their teeth, and to wash their hands. But it seems that we still believe that we are an enslaved people, needing a master, nowadays a political master standing over us with a whip telling us how and when to do basic tasks.

    Just this morning on a ZR van on my way from church, I was only travelling about six busstops. There were two elderly women on the ZR on their way home from church, and in that short distance the driver used the words “cunt’ and “fucking” Neither of the church ladies had behaved in an offensive manner, but it seems that a previous passenger had refused to pay her $2 BDS, because she “knew” the driver, and the driver and the conductor were still angrily discussing the matter. Some of our people can’t seem to understand that everything costs money, including wages, deisel etc. Some of our people cannot say a single sentence without adding two curse words to it.

    Sad.

    We parents really need to spend some more time, and give some more effort into raising our sons and daughters.

    Like

  • Sir Simple Simon, P.C.

    @Lexicon January 6, 2019 8:01 AM “And as you well know in America, private libraries that are funded by the federal government must abide by intellectual Freedom…and adult pornography is one such thing private libraries that funded by the federal government cannot censor.”

    Dear Lexicon: can you please explain to us how a library can be “private” if it is “funded by the Federal government”? Doesn’t the Federal government get its money from the public?

    Like

  • Sir Simple Simon, P.C.

    @David January 6, 2019 9:27 AM “The following more fits the definition of creativity.”

    I’ve been in the 416 and the drivers stop by Timmy’s all the time to grab a coffee. I don’t want anybody driving me if they have run out of people fuel and are beginning to feel light headed. A fainting driver? Not so good. A driver whose belly is full? I am good to go.

    Like

  • Sir Simple Simon, P.C.

    @Bush Tea January 6, 2019 10:15 AM “…If Bushie was not rich as shiite. He would be a ZR driver/owner.”

    I am coming home from church this morning, after praying that God will cause me to be good this week; and who is the rascal driving my ZR, and cussing like a pirate? None other than the Bushman.

    Like

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