est. 2007

Barbados Underground

Bringing News and Opinions to the People

,

Barbadians Waiting for NIS Severance Forever and a Day

The Pratt and Morgan case established legal precedent with a time guideline a convicted person can be kept on ‘death row’. The 1993 judgement handed down by the Privy Council determined that if the state for any reason was unable to carry out the death sentence within a five year period, it was deemed cruel…

,

The Pratt and Morgan case established legal precedent with a time guideline a convicted person can be kept on ‘death row’. The 1993 judgement handed down by the Privy Council determined that if the state for any reason was unable to carry out the death sentence within a five year period, it was deemed cruel and inhumane punishment to the prisoner sitting on death row. The logic being that the death sentence should be carried out ‘speedily’ and any protracted period post death sentence represented death sentence plus mental torment.

Mental torment is defined as “a state of great bodily or mental suffering; agony; misery. something that causes great bodily or mental pain or suffering. a source of much trouble, worry, or annoyance”.

In a May 31, 2022 Nation newspaper report it was reported former workers of Grand Barbados Hotel have been waiting for severance payment to be settled. In cases where an employer does not pay severance, the National Insurance Scheme (NIS) makes the payment and seeks to recover the payment from the delinquent employer if possible. It therefore begs the question why former Grand Barbados employees should have to wait almost ten years to receive payments guaranteed under law. It is interesting to note Toni Moore was the Barbados Workers Union (BWU) representative at that time. Moore is the current General Secretary of the BWU and Member of Parliament for St. George North. 

The blogmaster is of the view a similar mental torment affects employees who are made to wait protracted periods for severance payment. Although the employer should pay at first instance, the law affords protection in cases where this is not possible. Whatever due process/diligence has to be done CANNOT take ten years to complete. We have to start treating persons humanely. The blogmaster recalls the haste Minister Sinckler changed the disbursement criteria of the Industrial Credit Fund to pay Mark Maloney fees for constructing the overpriced Grotto housing units. There are several other examples to demonstrate who the cow likes he licks, who he does not he kicks. 

What does it matter for the government to boast about all manner of things and we continue to fail to build a just society.

NIS Management Team

Ms. Kim Tudor – Director

Mrs. Frances Fontinelle-Walcott – Deputy Director

Mr. Trevor Gibbs – Chief Legal Officer

Mrs. Janice Estwick – Financial Controller

Mr. Luther Jones –  Manager, Investments

Mr. Quincy Yarde – Chief Information Technology Officer

Mrs. Lee-Ann Mayers-Franklyn – Chief Internal Auditor

Mrs. Norma King-Brathwaite – Assistant Director, Benefits

Mr. Derek Lowe – Assistant Director, Customer Relations

Ms. Sophia Mings-Mascoll – Finance Officer, Compliance, Severance and Registration

Mrs. Carole Layne-Browne – Finance Officer, Collections

Mr. David Archer – Assistant Director, Human Resources and Administration

Ms. Katrina Bend- Marketing and Research Officer

57 responses to “Barbadians Waiting for NIS Severance Forever and a Day”

  1. David Avatar
    David

    Today’s Nation Editorial.

    Civil servants must get the job done

    Getting the job done is fast becoming a difficult if not impossible mission in the Public Service, or so it seems. The notion of implementation deficit is nothing to be proud of.
    Not that anyone is proud of it, but there is a link missing somewhere when the Government’s policies are plagued with inefficiencies in execution.
    One example is the disturbing revelation that, for example, some civil servants, mostly newly appointed, have been working for upwards of three months without receiving their monthly pay cheques. Sometimes reports refer to some in the professional class such as nurses, whose role in maintaining national health is a key contributor to national well-being.
    The examples of lack of timely implementation may be specific, but getting the job done in a timely manner seems to be something that, generally speaking, has eluded the structures of successive administrations.
    Government certainly is a continuum. The irony is that ministers are all-powerful in declaring policy, which may be of immense benefit to the people, but if the execution is deficient or non-existent, then the benefits will be lost.
    It does not matter if the problem is caused by antiquated structures or by the wrong-headed attitude of some public officers (fortunately a few) operating even in the most modern and enabling environment. The bottom line is that in such situations, however caused, the public welfare and national good are seriously compromised.
    Sometimes, especially in the “safety net social system”, some unfortunate citizens may fall through the cracks to their painful disadvantage when things do not go as intended.
    In the private sector, nonperforming workers can be quickly booted out so long as the employer honours the relevant legislation applicable to the situation. We realise that similar systems, if brought into the public sector, might cause major work-related problems and union-sourced outcries of not following the system for disciplining public sector employees.
    We anticipate that the recent appointment of Senior Ministers is designed to oversee and speed up the implementation and execution of Government policy. It seems to be organised to assist other ministers in cutting through the bureaucratic red tape.
    But this question remains: will this approach solve the problem? There has to be some realism. Getting the policy executed and done is the issue. Viewers who have watched the television series Yes, Minister will realise the movers and shakers who get the policies executed are the civil servants who can obstruct or expedite them.
    We recall two matters of importance in this regard. Our first Prime Minister, Errol Barrow, in a moment of frustration, referred to an army of occupation. Given his military background, he was obviously referring to standstill operations of armies occupying as opposed to an army involved in active service.
    The other matter is Peter Webster’s statement in an article this past week. The former senior agricultural officer declared that “our local fruit crop production could also go a long way in meeting our needs but every initiative in fruit crop farming has been frustrated by our civil servants”. He also called for sanctioning of recalcitrant public officers.
    Webster’s words should not fall to the ground. Getting the job done on food security matters.

  2. David Avatar
    David

    Disconnecting from work
    In some professions or industries, it is the norm for employees to remain accessible and/or to work far in excess of their normal working hours or days.
    I am not referring to professions where being on call is a contractual requirement, such as in the medical or some technical fields. Nor am I speaking of employees covered by the Shops Act, who by virtue of Section 6 should only work overtime, weekends or holidays with their consent and provided they receive the statutory overtime pay.
    Rather, I am referring to employees whose contracts provide for a 40-hour work week but include a requirement (or unspoken practice) that the employee should work such other hours or days as may be necessary to meet the needs of the business and they receive no overtime pay for the excess hours.
    This practice of “over-working” is often worn as a badge of honour. I recall being in a forum where one member stated that he does not check emails on weekends. This was met with ridicule and snickers as others in the meeting bragged about checking emails at all hours and having no limit to their working lives. Perhaps we have forgotten the familiar adage “all work and no play makes Jack a dull boy”. I wonder how many of us are inadvertently living dull lives. There is a similar quote attributed to Socrates which says, “Beware the bareness of a busy life”.
    The reality is that there is a finite number of hours and available energy that we may have in any given day. If the majority of our energy and time is spent working, then there is limited time and energy left for the other areas of our lives.
    How many can speak of neglect of their physical and mental health due to insufficient time allotted for self-care and exercise? How many marriages and family lives suffer due to the demands of our jobs? How many of our hopes and dreams do we delay pursuing because there just isn’t enough time? This is the bareness that Socrates speaks of, where all else becomes secondary to work and there is no work-life balance. But humans are not one dimensional and our mental, spiritual and social sides also require nurture.
    Greater work balance
    This week, Ontario, Canada, passed an amendment to their
    Employment Standards Act 2000, which is aimed at promoting greater worklife balance. Pursuant to the newly amended section 21.1.1 of the act, any employer who has 25 or more employees must implement a written policy that allows them to disconnect from work.
    This policy must create rules and procedures that allow an employee to disconnect from work which means “not engaging in workrelated communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work”. I believe this is a much-needed initiative in all jurisdictions as too often the lines between home life and work become blurred, especially for those who work remotely. Employees should not be pressured to be available after hours or punished for being unavailable.
    Other enviable provisions within the Ontario legislation include Section 17, which prohibits an employer from requiring “or permitting” an employee to work more than eight hours per day or 48 hours per week except where the employee consents by way of a written agreement to work for a specified number of additional hours, in which case the employee should not exceed those agreed hours.
    The act also states that an employee must not be made to work for more than 11 consecutive hours in any one day, but this does not apply to employees on call or in cases of emergencies with plant or equipment or with the distribution of public services. Barbados could benefit from the inclusion of similar provisions within our labour statutes.
    According to Kelle Rae Roberts, “there is no glory in hustling. No awakening in a full schedule. And no divinity in spreading ourselves thin”. Selah.
    Michelle M. Russell is an attorney with a passion for employment law and labour matters, as well as being a social activist. Email: mrussell.ja@gmail.com


    Source: Nation

  3. Artax Avatar
    Artax

    @ David

    What’s your opinion on the former LIAT employees petition to Mottley at Parliament yesterday?

    I believe the Government of Barbados will eventually have to pay them severance payments at the expense of the Treasury, because those former employees did not contribute to the local National Insurance Scheme…… and Antiguan PM Browne passed a law which prevents debtors from suing LIAT and the Antiguan government.

  4. David Avatar
    David

    @Artax

    Funny you should ask, one suspects that Barbados as the largest shareholder will have to try to mop up some of the mess although it is not all of our making.

    Successive regional governments allowed the LIAT fiasco to fester. The blogmaster had an interesting conversation with the late Jean Holder, even he lamented the incompetence of regional governments and stayed on against his better judgement because he was afraid to withdraw his fingers from the many holes in the LIAT dyke.

  5. Artax Avatar
    Artax

    @ David

    Successive regional governments also allowed successive Antigua & Barbuda governments to ‘get away’ with opposing any recommendation that would’ve created a more viable LIAT…… simply because Antiguans believe the airline belonged to them.

    Recall, one of Gaston Browne’s election promises was to gain majority shares in LIAT. And, I’m sure you’re aware of the cunning manner in which he went about achieving that objective.

    Selfishness essentially contributed to the downfall of LIAT.

  6. David Avatar
    David

    @Artax

    Be that as a may Barbados as the major shareholder combined with LIAT’s dysfunctional design explains where we find ourselves.

  7. Bush Tea Avatar
    Bush Tea

    @ Artax
    “Selfishness essentially contributed to the downfall of LIAT.”
    ~~~~~~~~~~
    But selfishness is endemic in business…

    So the REAL problem HAD to be the shiitehounds who were given the assignment to MANAGE the damn place… at BOTH the POLICY and at the management levels.
    Note that these were Bajan Brass for the most part….

    soooo…
    For 10 marks, discuss your expectations of the economic outcome for Brassbados by yearend.

Older Comments
1 2

The blogmaster invites you to join the discussion.

Trending

Discover more from Barbados Underground

Subscribe now to keep reading and get access to the full archive.

Continue reading