Head of Unity Workers Union Senator Caswell Franklyn successfully represented Shikelia Johnson in the case ERT/2018/316 before the Employment Rights Tribunal.
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Trade Unionist Senator Caswell Franklyn Wins!
Head of Unity Workers Union Senator Caswell Franklyn successfully represented Shikelia Johnson in the case ERT/2018/316 before the Employment Rights Tribunal.
89 responses to “Trade Unionist Senator Caswell Franklyn Wins!”
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@Enuff August 28, 2019 3:19 PM
@Bajan in NY
“But looka the UK, Parl shut down so the aristocrats can do as they wish. Failed state?” (Quote)
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You tried to make a comparison with Barbados, but you missed an important point..
Boris requests the suspension of parliament today, and WITHIN A FEW HOURS, thousands of people are on the streets London protesting in front of parliament and marching to the prime minister’s residence. Thousands more protesting on the streets of every major UK city. Senior members of parliament of opposition parties and of his own party pouring criticism on him in the media.. this would not happen in Barbados.. Never!
It is called Freedom of speech.. Freedom to protest.. Freedom to challenge government.
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@Dex August 28, 2019 8:29 PM
I was mere pointing out the hypocrisy of the self hating bullshitter from the Ivy. If any prime ministers in Caricom had done what BoJo did he would have been on this blog tell us how far removed from Westminster the action was. He is a remainer so I hope he is one of those on the streets of London.
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How can Bajans be docile when just a few months ago we were marching and protesting against the then government , culminating in dishing out the worst electoral defeat of a government in our history ?
What are we to do burn down the country to prove we aggressive ?
Some of wunnuh is talk bare ignorance fuh trute. -
@Bajan in NY
Okay, I hear you, I won’t get involved in that fight. Lol.
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But on a serious note.. The parliamentary system in Barbados is dysfunctional. We developed our version of the system the British left us with. It is broken. Unfortunately there are many who prefer it to remain that way.
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Same SHITE each and every time..
everyone is being paid some kinda salary,
everyone got some kinda shite titles,
everyone is uppity, arrogant and full of themsemselves,
and not ONE OF THEM CAN GET ANYTHING RIGHT…always some “systems” failure on a tiny ass island where nothing should take more than one day to be completed..
As long as the CJ understands that there are SENIOR CITIZENS..over 60 YEARS OLD…waiting for their cases to be COMPLETED…in that useless Supreme Court and make sure the JUDGES..UNDERSTAND THAT TOO..
https://www.nationnews.com/nationnews/news/241537/cj-blame
“The island’s top judge has conceded there was a “systemic failure” in a former high-profile, multimillion-dollar drug case involving six Guyanese and accepted responsibility yesterday.
But the attorney for one of the men was not mollified, as he blasted the judicial system for being “woeful and in trouble”, saying the Court of Appeal had been ordered by the Caribbean Court of Justice (CCJ) to expedite the matter three years ago.”
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And even worse..NONE OF THEM UNDERSTAND WHAT THE WORD EXPEDITE MEANS.
….not the the CJ, not the judges and DEFINITELY not the lawyers..
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Another HORRIFYING example is this case where the greedy CRIMINALS in and out of parliament were INVOLVED in this family’s death…so why is this grandmother, who is over 60 years old still waiting for compensation and she has surviving relatives to care for….how much more shameful will all this have to become before the matter is completed…while the demons are waiting for her to die so they do not have to pay out anything..
https://www.nationnews.com/nationnews/news/241535/hurting
“Twelve years after the Arch Cot tragedy which ripped her family apart on August 26, 2007, Linton and her relatives are still hoping for compensation from the loss of daughter Cassandra and her husband Donavere Codrington, and grandchildren Shaquanda, Shaquille and Yashiro.”
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When we last spoke about decisions of the Court of Appeal I proffered this list of 15 of which I was aware.
Looks like there are others as well.
My list appears to be civil but we now have two criminal appeals for which decisions are outstanding.
This most recent one and of course, the one where the CCJ agreed to hear the case as if the Court of Appeal had decided … no decision = a decision.
One positive has happened.
Constitution has been amended by Ms. Mockley.
John
April 18, 2019 4:27 AMDecisions in the High Court are appealed in the Court of Appeal.
Court of Appeal decisions are appealed in the CCJ.
In 2019 there are 15 outstanding decisions according to the info I have.
Check the 2016 data and you will find far fewer.
How does the Reverent Joe’s excuse apply here?
Should we expect the Justices of Appeal to give decisions in 6 months?
They have far fewer cases to hear.
Mason and Burgess have been promoted to GG and CCJ.
Moore has retired.
What will the CCJ say if any of these decisions appear on appeal before it?
Burgess is now a member and his name is called 6 times!!
Mason, the GG, has her name appearing 4 times.
One would expect the CJ to be setting an example!!
1 Hon. Marston Gibson Magisterial Appeal No. 2 of 2011 Teddy Orlando Gill v C.O.P. 26 October 2011 Justice Williams submitted his decision but the Chief Justice has not issued his decision
2 Hon. Marston Gibson CA No. 7 of 2009 Peter Barton v R 24 November 2011 Justice Williams submitted his decision but the Chief Justice has not issued his decision
3 Hon. Gibson, Burgess & Moore Civil Appeal No. 18 of 2013/927 of 2006 Leonie Marbell v Gote Properties In. 6 January 2014 Costs issue
4 Hon. Burgess, Moore & Goodridge Civil Appeal No. 9 of 2014 Trident Insurance Company Ltd. V CGI Consumers’ Guarantee Insurance Company Ltd. 5 December 2014 Application for Leave to extend the time for Leave to Appeal
5 Hon. Gibson, Mason & Burgess Civil Appeals No. 33 of 2012 and No. 34 of 2012 Nygard Holdings Limited v Michelle May & Allan May 11 February 2015 Appeal against the decision of Cornelius J to set aside the registration of a foreign judgment by the apellant
6 CV2 of 2015 RBTT Bank Barbados Ltd. V Fitzroy Adolphus Davis & Lisa Davis 10 June 2015 Appeal against decision of Clarke J (Ag.)
7 Hon. Gibson, Mason & Burgess Civil Appeal No. 17 of 2014 Roseal Services Ltd. V Michael Challis et al 5 October 2015 A security for costs application
8 Hon. Gibson, Mason & Burgess Civil Appeal No. 17A of 2014 Roseal Services Ltd v Michael Challis et al 5 October 2015 A security cost of costs
9 Hon. Gibson, Mason & Goodridge Civil Appeal No. 16 of 2016 Sigma Construction Inc. v Birch Development et al 28 March 2017 An application for leave to appeal out of time
10 Hon. Gibson, Goodridge & Reifer(Ag.) CA No. 23 of 2017 Tara Alleyne v QEH Board 14 November 2017
11 CA3 of 2014 Olympiad v RBTT Decision outstanding on appeal and cross-appeal on the question of costs
12 CA No. 6 of 2010 Marjorie Ilma Knox and John Vere Evelyn Deane and Eric Ashby Bentham Deane
13 CA No. 15 of 2013 Apsara Restaurants (Barbados) Limited v Guardian General Insurance Limited
14 Hon. Marston Gibson CV6 of 2010 Omar DaCosta Holder v The Queen
15 Hon. Goodridge, Burgess & Chandler No. 1526 of 2016 Grenville Winslow Phillips v RCTD Holdings Limited and Silver Point Villa Hotel Inc.
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4th April 2019
Amendment of section 84 of the Constitution Section 84 of the Constitution is amended by deleting subsection (3) and substituting the following:
A Judge may be removed from office only for inability to discharge the functions of his office (whether arising from inability of body or mind or any other cause);
for misbehaviour; or
for delay of more than six months in delivering judgements.
https://www.barbadosparliament.com/uploads/document/76007f7b0e10313a10cf1548fb602b22.pdf
Six months means we could see some action after 4th October 2019
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How can Bajans be docile when just a few months ago we were marching and protesting against the then government , culminating in dishing out the worst electoral defeat of a government in our history ?
Boss you are reinforcing the point about docility. Your response says it all really. Sad.
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If the Prime Minister (in the case of the Chief Justice) or if the Prime Minister after consultation with the Chief Justice or the Chief Justice after consultation with the Prime Minister (in the case of any other judge) advises the Governor-General that the question of removing a Judge from office for inability, misbehaviour or delay as aforesaid ought to be investigated, then”.
So what happens when the GG is part of the problem!!
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These judges are a damn disgrace….
when CJ Gibson finally REALIZES…that “HE IS” the damn system as HEAD of the court of appeals…maybe he will resign when he actually looks up the word EXPEDITE in the dictionary and recognizes that TO EXPEDITE…does not mean 3 years later with a weak, shitty excuse..
he has become a total waste of taxpayer’s money…just as any yardfowl selected to the supreme court would be in that pit of vipers…..check out what the previous waste of oxygen Simmons did to that court..
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EVERY dictionary…gives the very same definition..
expedite verb
ex·pe·dite | \ ˈek-spə-ˌdīt \
expedited; expediting
Definition of expedite
transitive verb1 : to accelerate the process or progress of : speed up
2 : to execute promptly -
Take a look at this case:
https://barbadostoday.bb/2019/09/12/bank-must-pay/This is another reason why international investors are avoiding Barbados. We have an oversized sense of entitlement on the island. The local men shy away from work and only want to exploit their employers.
Productivity decreases from year to year. And what do the naive masses do? They cry out for minimum wages and social benefits.
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@ Tron
A very interesting case,do you not think? I cannot connect the dots to the scarcity of foreign investors. Do you care to expound.
A very interesting ruling though. The law! The interpretation of law! So many loop holes. -
The sense of entitlement is not confined to employees, many of whom have decent employers and hence love their work and do a good job. There are many employers who feel entitled to exploit their workers. Workers who feel exploited are likely to do as little as they can get away with doing.
Tron. never fair and balanced.
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@ Mr William Skinner
@ DullardMr Skinner, I was getting ready to respond to your comment which was and I quote
“…How can Bajans be docile when just a few months ago we were marching and protesting against the then government , culminating in dishing out the worst electoral defeat of a government in our history ?…” and I noted that Dullard had responded IN PART.
De ole man will attempt to respond to the other part.
To do so I will use the definition of docility.
“…Docility definition, easily managed or handled; tractable: a docile horse…”
In this case Mr Skinner we have docile easily managed sheep.
BUT THERE IS A THING THAT NEEDS TO BE SAID HERE.
look at the Stoopid Cartoon the grandson did below.
https://imgur.com/gallery/58HPRfI?s=wa
What can you “see”?
What is different with Kelai and those Mugabe marchers?
The marchers have a misconception that Mugabe WILL PROTECT THEM FROM VICTIMIZATION!
Marchers will not do such now because they do not perceive that they will secure such protection from the PDP and certainly not the DLP
KELSI MARSHALL HAS NO SUCH RESERVATION because she understands that her bounty comes from the Creator, a being who made Mugabe and Fumbles and ALL CREATION!
What you and Dullard call docility is in fact self preservation IN THE EXTREME nothing more.
There will come a time when that self preservation is threatened and then, WITHOUT EVEN NEEDING A MUGABE DRESSED IN WHITE, to lead them, the people and the “easily managed” sheeple WILL EFFECT A NATIONAL REVOLT that will frighten Mugabe.
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@ Donna September 13, 2019 10:22 AM
Foreign commercial banks (i.e. all banks) want to leave Barbados because the risks are too high. It is therefore totally insane in this risky situation when a Barbadian court awards a high compensation to an employee.
How long do you think investors will watch this gruesome spectacle?
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RiRi honours Mia at Diamond affair
https://www.nationnews.com/nationnews/news/241763/riri-honours-mia-diamond-affair
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Tron, you have gone from A to Z without connecting any of the dots! How is that a rebuttal to my comment????????
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So a business has to pay up because it failed to follow due process when it fired an employee who had worked for it for 28 years. “Tron” uses this as an example of why some companies avoid Barbados”; if this is the case Barbados is well off without them.
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@Donna September 13, 2019 4:42 PM
We need more employers’ rights and less social protection for workers to encourage investment. Businesses in Barbados are de facto at the mercy of poor working morale. That is why no one wants to invest on the island without extreme tax advantages.
That must change. We need lower wages, a flexible way of dismissing employees (of course, without paying compensation), an extension of weekly working hours to at least 45 hours without compensation, shorter holiday periods and a much higher retirement age. At the same time, I propose lower income taxes to make work pay.
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Although at times the law can be an a.ss
Too many of these big corporations take advantage of these poor island nations and its people
When the shoe is on the other foot one would find duffus like Tron using the Unfair card
In the meanwhile these big corporations does not take to heart feelings for anyone when they pile on large chunks of fees on people savings -
Mariposa,
We must finally bring low productivity in line with labour costs.
From 1995 to 2008, wage increases were mainly based on some crazy feeling of entitlement plus national pride and not on productivity gains. If the national gross domestic product is taken as a reference and inflation is taken out of account, productivity today is substantially lower than it was 10 or 15 years ago. Barbados is currently an absolute no-go for investors. Thanks to your party.
International hotel chains in the Caribbean have many alternatives and are not dependent on an island where 60-year-old men boast of some university exam they took in the distant past.
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@TronSeptember 13, 2019 1:31 PM “Foreign commercial banks (i.e. all banks) want to leave Barbados because the risks are too high. It is therefore totally insane in this risky situation when a Barbadian court awards a high compensation to an employee.”
From the evidence presented the employee was loyal and dedicated. After 28 years of work the bank was paying her a measly $4,000+ BDS per month. I certainly wouldn’t work for anybody for that pittance. The employee moved money from her OWN checking account, to her OWN savings account, the sort of transaction that customers do for themselves everyday by using their digital devices or the ATM and the bank which charges customers interest rates of above 10%, and pays customers interest rates of below 1/2%, and which communicated its policy poorly fires the lady?
The award should have been twice as large for causing the lady pain and suffering and humiliation.
By the way what exactly are the high risks the uber conservative banks in Barbados face?
Perhaps tron would like us to donate our blood, and our first born child, and our virginity to the rapacious banks?
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@TronSeptember 13, 2019 7:41 AM “The local men shy away from work and only want to exploit their employers.”
I am not too sure that you are literate. As I matter of fact I am pretty certain that you are a semi-literate.
It was a WOMAN that the bank unfairly dismissed, not a man. I am fairly certain that you are not yet old enough to understand the difference between man and woman.
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@ SirSimpleSimonPresidentForLife September 14, 2019 9:13 AM
I’m not apologizing for anything.
When I spoke about the pig farmers, you revealed yourself, Clever Simon, member of the blue establishment.
But you and your friends from the DLP should apologize for more than half a century of mismanagement. What have you ever achieved? Nothing, nothing at all. Under your rule, Barbados became the poorhouse of the whole Caribbean.
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What entitlement if a person is shiftless and lazy and unproductive employers by law have a right to give them notice of intent to dismiss them with the eventuality of dismissing them
As far as wage increase goes it does not alone lend itself to productivity there are many other factors involved one which many employers totally ignore and that is economic performance of a country and the employee abilty to continue or have a good living standard that is compatible to want the employee earns -
@TronSeptember 13, 2019 5:13 PM “We need more employers’ rights and less social protection for workers to encourage investment. Businesses in Barbados are de facto at the mercy of poor working morale. That is why no one wants to invest on the island without extreme tax advantages. That must change. We need lower wages, a flexible way of dismissing employees (of course, without paying compensation), an extension of weekly working hours to at least 45 hours without compensation, shorter holiday periods and a much higher retirement age. At the same time, I propose lower income taxes to make work pay.”
Instead of reintroducing slavery incrementally who don’t you re-introduce it at once. Surely you know that in “the good old days” the 1% made up to 1,700% annually on their “investment” in human bondage?
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You’re living with Alice in Wonderland. Take a look at Middle and South America to see what the working conditions are like there. What your peers call slavery is called work ethics in Scandinavia and Switzerland.
Besides that: Ask your best friend, the GG, why she wants to introduce compulsory labour for school leavers. –
And that almost 200 years after the end of slavery. – -
@TronSeptember 14, 2019 9:46 AM “I’m not apologizing for anything. When I spoke about the pig farmers, you revealed yourself, Clever Simon, member of the blue establishment. But you and your friends from the DLP should apologize for more than half a century of mismanagement. What have you ever achieved? Nothing, nothing at all. Under your rule, Barbados became the poorhouse of the whole Caribbean.”
We, you too, me too, are at most one generation removed from pig farming.
Nope. I did not reveal myself.
I have said on this blog a million times that I have never been a member if any political party, here, there, or anywhere. I even wonder how people can even join political parties. Political parties seem to demand a zeal and a loyalty that I could NEVER EVER give to anybody or anything, not even to my parents, not even my children.
So NOPE. No political party for me. No political job for me. No government job for me. No government contracts for me. But somehow I have managed to earn a decent living by working hard, and working well.
Tobesides I LOVE pig farmers, and the sons and daughters, and grandsons and daughters of pig farmers. Without them I would not now be enjoying my Saturday morning bowl of pudding souse, with some nice yellow meat breadfruit.
Hail to farmers and fishers everywhere!!!
Probably the only people left anywhere in the world who actually do a useful day’s work every single day of their lives.
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I have no “best friends.” I need none.
Family first.
Family second.
Family always.
“Best friends” are for those people who dishonour their family.
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Your friends Tron will never again gain 1,700% annually on their “investments”
Because they never earned it in the first place.
Sitting on your fat @sses and watching other people work, is NOT work.
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@ Simple Simon at 10 :42 AM
You really know how to entrap liquorish men. Where do you live? Did you make the pudding and souse ?
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As I said before – Tron, never fair and balanced.
In Tron’s world all employers are gracious and generous people just dishing out largess to ungrateful, unproductive workers.
This lady worked for the bank for twenty-eight years Why would they have kept her if she had been unproductive? Contrary to popular opinion, It is easy enough to fire a worker once due process is afforded to him or her. The problem, as defined by union leaders, is more often than not that due process has not been followed.
It would appear that the lady went against company rules and made a transfer between her accounts that was prohibited perhaps as a means of internal control. Nowhere does it state that she stole or embezzled and so this was a minor infraction. After twenty-eight years of service the bank saw it fit to dispose of her for this simple mistake that had absolutely no real consequences for the bank. The consequences for the poor lady however, would have been dire. Being fired rather than being retired early means no payout. AND THIS MAY VERY WELL HAVE BEEN THE CALCULATION THAT MATTERED TO THE BANK. EASY STAFF REDUCTION WITHOUT, SO THEY THOUGHT, FINANCIAL CONSEQUENCES.
We all know how difficult it is for a mature woman to find a similar job in this society.
Justice was served.
Tron’s recipe for survival is that we crawl on our hands and knees begging for crumbs from those whose bread we grow, bake and serve – those who made their vast fortunes by exploiting others.
I for one would rather die with my dignity – AS A WOMAN and not a BEAST OF BURDEN. There are some things worse than death.
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SirSimpleSimonPresidentForLifeSeptember 14, 2019 11:00 AM
Your friends Tron will never again gain 1,700% annually on their “investments”
Because they never earned it in the first place.
Sitting on your fat @sses and watching other people work, is NOT work.
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Bravo Simple Simon! Tron is a slave master at heart. If he is non-white, he is the typical overseer.
PS.. Made pudding and souse last two Saturdays. Taking a break today.
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As stated above this was a case of opportunity for a company to reduce its workforce to satisfy a downsizing agenda, had nothing to do with treating a longstanding employee fairly.
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@Vincent CodringtonSeptember 14, 2019 11:16 AM “You really know how to entrap liquorish men. Where do you live? Did you make the pudding and souse?”
I always make my own pudding and souse.
But can’t say where i live…might cause a miles long traffic jam of souse loving men.
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