A Citizen’s Fight Against FLOW, no help from FTC

Barbados Underground highlights the following as a public service. If FLOW or DIGICEL want to make representation the blogmaster is open to sharing the other view. The blogmaster takes this opportunity to wish Intervenors every success in the electricity rate hearing due to commence on September 21, 2020. – Blogmaster

Around December 2, 2017, Flow moved wires from up stairs to down stairs for a telephone line,  the technician drilled the wire through the sewage pipe. Around February  2019 Digicel drilled through the same sewage pipe and installed the internet line,  The sewage was leaking through the house  at a slow pace, my grand daughter visited Barbados on holiday, and kept telling me, Granny your house is stink, I told her it the sea moss etc,  I also smelled it before and I use a lot  disinfectant sprays  to no avail, but she will still insist it stink, I searched upstairs downstairs, no dead rats, I found little small black  things like little snake coming through the bathroom sinks, in my bed I tried  grabbing one on my bed, the thing sting me like a ‘sanapee’, i found one in my house slipper so I been spraying my house slippers since.  ‘Sanapees’ and ants in the dining room and kitchen when Digicel contractor started to dig out the pipe, so many ants!

Around the month of June 2020 the Government issued a warring  asking Barbadians to secure their homes, I decided to installed bars at the windows, we had to moved the table with the computer and the one with the printer, and the carpet, that when we saw the sewerage leaking , it went under the floor boards and the stink was very strong.

I emailed Flow, their replied just a note stating we received your email  and it has a number, every time I email I got a number,  I got a letter delivered to Flow,  2 supervisors from flow came, one was very nice, the other very rude,  the nice one I knew his mother,  the rude one said Flow is not going to do that or this, In the meantime Digicel did the repairs to the house,  there did not paint the house inside or outside, just the part that was dug out and he asked me if I had any paint, I told him it maybe lighter I thought he was using it as base, but he just left it like that, Marshal the person who was in charge of the product, was to come back and redo the flooring her boss called and promised he will do the flooring and I will get compensation, so far I have not heard from him since March 2022.

After flow came and moved their wire out of the sewage and rewire, I did not hear from them. I sent a letter to Mr. Jenson Sylvester around Mar 16, 2021, no replied, so I went and demonstrated,  within 20 minutes of being outside Flow [Gabrielle  a very nice young lady  came to me, and asked to come inside so we can talk,  but I did not go, because a  beautiful young lady [Sandy] from the Nation saw me and told me she was going and get her camera and come back. Janet Taylor  and her team of lawyers we corresponded back and forth to no avail. I wrote Fair Trading, a  Mr. Stewart Carter said the commission has no jurisdiction over this matter.

I enclosed the picture of the damages, one picture is worth a thousand words.

See a few of relevant documents sent to FLOW to support claim and FLOW’s response.

113 comments

  • @ David

    Did you call the FTC to make any enquiries as to whether or not the Commission has any “jurisdiction over this matter,” or read any correspondence that suggests otherwise?

    If you DID NOT, then, in all reasonable fairness, for you to make a definitive statement as indicated in the headline of this thread re “NO HELP FROM FTC”…… in addressing the issue, and suggesting:
    “If FLOW or DIGICEL want to make representation the blogmaster is open to sharing the other view”……

    …… is UNFAIR.

    You have essentially ‘found the FTC guilty,’ without first adequately investigating the situation and, based on ‘one side of the story.’ After which, you asked FLOW and DIGICEL to ‘defend themselves.’

    It’s similar to ‘shooting first and asking questions later.’

    Like

  • Perhaps the FTC should’ve directed Ms. Montague to contact the Office of Public Counsel.

    Like

  • @Artax

    The blogmaster is not always fair, sorry.

    Liked by 1 person

  • Good morning, David… what in the world is going on in BIMSHIRE???

    QUESTION: How much longer before we have a similar situation as we are currently seeing in #Lebanon? Where bank depositors are forced to literally hold up the bank to get their monies out of those #EvilInstitutions

    Like

  • @TB

    No need to be that extreme!

    Like

  • Does the #PMGOV of BIM have contingency plans when the rubber hits the road given that there are #DarkForces at work that intend to crash the world economy??? What happens when #BAJANS can’t eat at will??? Do you think the structural forces at work across #AmeriKKKa #Europe #Canada #UK & elsewhere won’t affect our “LITTLE ISLAND IN THE SUN”??? If your GOV* is silent – the who speaks out??? Can they answer these questions??? Do you think the 1% elite on the island will not be subject to the vagaries of civil unrest, strikes, fires, gun crimes, wanton destruction & hooliganism & all-out-ANARCHY??? How long before the “ISLAND OF DENIAL” is over-RUN* by a Tsunami of Biblical proportions – where rationality, reason & reprieve floods out the backdoor due to the impossibility of closing the front-door???

    Like

  • @David
    Sorry brotha’, when your read the prophet EZEKIEL, chapter 3 & 33 – the #Sentinel on the wall MUST* warn, lest the blood be on him!!! The handwriting is on the wall… Look at Britain: (1) A dead QUEEN & a new king (who waiting 50 years to assume “POWER” & do not think all the tributes are justified – for anyone who has read the “BOOKS” of the “KINGS” & “THE CHRONICLES” of the kings of Israel & Judah know what is coming… (2) An overthrown Prime Minister (Boris The Clown Johnson) replaced with a (NEW) woman who is an (OLD RELIC) #JEZEBEL in all but name… (3) New Commissioner of #poLICE* (who is not willing to tolerate “DISSENT” even from protestors saying #NotMyKing – because the last #COMMISS got defrocked by an Asian Mayor who had to power to dethrone.. (4) The looming worst economic crisis in 50 years that could result in several scenarios [#WW3; Great Depression II or the long expected #GreatreSET… (Take your pick)!!!

    Like

  • I am hearing that the Trident ID card is to be used to control access to our bank accounts.

    Like

  • One thing I dislike about Bible nuts is that the wait until something happen and then find a Bible verse to say it was predicted.

    Sometimes they use the same verse for events that are centuries apart…

    Making it up as they go along

    Like

  • Pope Francis instructs Vatican entities to move all funds to Vatican bank by Sept. 30…

    The “RICHEST” institution on earth who have been plundering the “WEALTH OF NATIONS” since the 500’s suddenly is in a (IM)moral PANIC* telling all those who are under her auspices (THE MERCHANTS OF THE EARTH: Rev 18) to bring their billions home to the Vatican Bank…

    What do they know that the rest of us #PoorMortals are oblivious to? And is the #GreatReset scheduled for Sept/Oct? Will we see a complete collapse of the world’s financial system?
    https://www.catholicnewsagency.com/news/252093/pope-francis-instructs-vatican-entities-to-move-all-funds-to-vatican-bank-by-sept-30

    Are the dominoes in place? #TimeWillTell…

    Like

  • The GLOBALISTS have mastered the final frontier in human symbiosis evolution in 2022 – where the once blurred lines between #ArtificialIntelligence & the human brain are finally removed – making it nigh impossible to distinguish coherently between the two… #GoogleAlphabet has just fitted the last piece of the #GlobalPuzzle in place – so everything is READY, set for #RESET…

    Like

  • You should have taken the olive branch from Flow and accepted the 2,500 final offer because you probably will get nothing if it goes to court.

    It is your responsibility to inform persons doing work were any utility services lines are or provide them with your plans so they can check for themselves. When Flow installed my fibre line, he asked where I wanted the wall drilled and I pointed him to a spot which had nothing inside the wall.

    It is also your fault for putting plumbing inside your wall. That is the most idiotic construction decision I see people making these days. The BWA, plumbers and construction people love it because they get paid lots of money for plumbing leaks that would otherwise cost a few dollars to fix.

    Like

  • It is not an FTC matter because you got a response from Flow and an very good effort at resolving the issue.

    Your only course of action is either to accept the settlement offer if it is still available or go before the law court seeking the additional damages you claim.

    Like

  • @CA

    Agree with some of your view on on the matter, however, it does not mean telco technicians should not exercise a duty of care while doing their jobs. Drilling through a sewerage line would/should have been known.

    Like

  • @David

    Unfortunately, the technician would not be able to tell something was wrong no matter the care he took with a sewer line unless it was a metal sewer line. Our walls are hollow so when anyone drills through walls, they expect to hit a pocket of air in the middle of the drilling. The only way he would know something is wrong would be if he had drilled a water inlet pipe as water would be spraying and he would most likely see or hear that water.

    If it really becomes a problem, technicians will have to require house plans or written consent be sought before drilling.

    Like

  • You do not drill into a wall without knowing what is inside the wall.

    Like

  • David

    Surely the choice to conveniently exercise fairness, is yours.

    However, bear in mind, in doing so, the underlying motives and credibility of BU will certainly come into question.

    And, I’m surprised dpD ‘liked’ your comment, especially when one takes into consideration his attempts to bring a level of ‘FAIRNESS and BALANCE’ when engaging John and Dr. GP in ‘discussions” about Trump…… are ALWAYS CONSISTENT…… and NOT CONVENIENT.

    Like

  • @Artax

    These scenarios are David vs Goliaths. Average people are often at the mercy of these monolithic organizations that take forever to respond often with language cloaked in legalese. The blogmaster prefer to the approach of putting the ‘victim’s’ story and if it is necessary to offer an apology or retraction, so be it.

    Like

  • @CA

    Although FLOW offered $2500.00 without prejudice there is enough there to suggest there is a possibility of ‘at fault’ being considered. So far the blogmaster is not satisfied that the process of determining the offer was fairly computed.

    Like

  • David

    ‘Point taken.’ And, I agree with you.

    In this scenario, the ‘Goliaths’ would obviously be FLOW and DIGICEL.

    However, my concern was the statement, “No help from FTC,” which I believe under the circumstances as outlined, isn’t fair.

    Like

  • @Artax

    Are we sure the FTC could not have arbitrated this matter under the consumer protection legislation?

    Like

  • de pedantic Dribbler

    @Aratx, oh lordie I was supporting you strongly with that ‘like’ … you did geet @David to grudgingly concede (even if sarcastically so 🤦🏾‍♂️) that he doesn’t necessarily strive for correctness as much as he strives vigorously to highlight the plight of the ‘little man’s.

    I was planning on staying out of this one as I had prosecuted the blogmaster with another recent similar matter and too as I am not familiar with the totality of the FTC Act. But I was incredulous how that body would resolve what is certainly a civil suit for negligence (seems to me). I did not see that as their remit… so I was staying silent.

    But like you I believed the blogmaster had wrongly accused the FTC.

    However, as I am here … to the substance … of course the Goliaths of these matters will badly disadvantage the Yvonne’s and in that fight I wholeheartedly support the Blogmaster.

    The lady may have a good case as the contractor is duty bound to ensure he is drilling into a safe area but @Critical also raised valid issues as well. In these matters it’s also a risk-reward calculation so she should be guided by her attorney.

    I gone.

    Like

  • @David September 16, 2022 3:27 PM

    The general public does not seem to understand how big companies with their own legal departments tend to treat these scenarios. Offering the money is not an admission of culpability. but their internal process which has a limit they can offer for that class of situations to make it go away.

    If the situation is one of possible huge liability exposure, bad press or costly litigation, the company will tend to make a good faith offer to resolve the situation under no fault or confidential terms to make it go away and change their internal procedures to limit future exposure to the situation.

    Companies are not above going to the law courts for a resolution but they prefer not to risk setting precedents which can go for or against them.

    Like

  • Blogmaster, do you know why the hearing lists for Barbados court cases are no longer available 0n the https://www.barbadoslawcourts.gov.bb/ and http://barbadosbarassociation.com/ websites?

    Like

  • African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    “What do they know that the rest of us #PoorMortals are oblivious to?”

    thought you would have figured it out……information has been flowing for months..

    it’s not a secret what is about to unfold, but Pacha has a better handle on that, i missed some parts to it, too busy…so i defer to him..

    Like

  • Thanks you very much David I appreciated it, I just got home from doing a flea Market in Oistins, Thanks again ________________________________

    Like

  • Critical Analyzer, Flow offer is 3,500 final,, you are judge and jury at court so you know the out COME OF THE TRIAL., you have no back bone, you like one of those field slave, yes master to everything from Flow and Digicel, you stated he asked you where you wanted the wall drilled, you are a man, he could have used his cell phone to find the pipe, what type of company that doesn’t have these testing equipment’s, I am 80 years and know that., you also stated it is also your fault for putting plumbing inside your wall, who died and left you incharge of me to tell me what I should do, you go and talk to flow and Digciel who DRILLING BLIND

    Like

  • You tube 10 tips to avoid pipes and cables in wall

    Like

  • David

    I know ‘how things does go on BU.’

    There are certain contributors who, irrespective of the topic being discussed, delight in pursuing a specific agenda and would ignore relevant information in favour of what confirms their particular biases.

    That’s the reason why I ‘did two things’ before commenting on this issue.
    (1). Read the Fair Trading Commission Act, specifically sections 24 and 25.
    (2). Sought an explanation from a relative who works at the FTC.

    As long as Ms. Montague was not DENIED or otherwise disadvantaged relative to the provision of services from FLOW or DIGICEL, then, her matter does not fall under the FTC’s jurisdiction.

    Her situation would’ve been best ‘handled’ by the Office of Public Counsel.

    Liked by 1 person

  • Thanks Artax, the blogmaster is of the view there is ‘room’ within the Consumer Protection Act under ‘consumer safety’ this senior citizen could have been assisted. The FTC and the office of public counsel should be working seamlessly if informally.

    Click to access CAP326D.pdf

    Like

  • @Yvonne

    I certainly don’t know the outcome of any trial and am only giving my honest opinion as a layman who has done his own minor plumbing repairs around the house with no expertise in the fields. I would give my mother, who also is around 80 as well, the exact same observations which I will try to consolidate in point form.

    1) Yes, there is a principle to the matter but one must always weigh the principle against the realities of costs in terms of time, stress, money and peace of mind required to definitively prove oneself right or wrong.

    2) Blame can be placed on both the technicians and house owner as mistakes were made on both sides. The technicians should have made a better effort to identify pipes in the wall but detecting PVC pipes is very difficult. All home owners should know the position of certain things about their property like utility lines and landmarks or have copies of their house and site plans readily available for workmen.

    3) I personally hate seeing plumbing in walls as sooner or later it leads to undetected leaks with water lost in the foundation and huge water bills since people never install whole house leak detection devices. I have heard too many horror stories of people having to rerun all their plumbing because of leaks they could not find.

    Winning the court case is by no means a slam dunk no matter what impression the lawyer gives and if the case is lost, the legal costs to the house owner will dwarf the already unusually high repair bill so one must decide if they are willing to fight for the principle of the matter with the associated risks or take the money offered, try to find peace of mind and go on with their lives.

    Like

  • @Artax

    The blogmaster has been quietly observing oversight bodies in Barbados over the years and there is an opportunity for many if not all of them to robustly execute on behalf of regular folk by ‘testing’ matters. Take the office of public counsel for example, a little known office often explained to be under resourced and appears to be an ‘adjunct’ to what is intended re consumer protection.

    Policy makers must ensure citizens are protected from marauding utilities especially. Should existing laws be improved given the vacuum caused by the absence of a vibrant consumer advocacy?

    The blogmaster has moved a little from the matter at hand but obviously companies with access to resources will make it difficult for consumers to win marginal disputes.

    Like

  • David

    Ocean Conservancy, is the America climate, colonial front which will be doing the debt reduction Flow or “reverse-flow” to create “fiscal space” to borrow more money.

    What a devilish set of internal contradictions. A titularly environmental organization backed by the very systems which continue to devastate The Great Mother.

    As they colonialize carbon nuetral,, carbon reduction, spaces in the Caribbean and elsewhere for the explicit purpose of claiming to be controlling American emissions by this seizure of the unspoilt areas of poor countries. How is this any different than chattel slavery?

    That we have thusly arrived, tells more about us as a people than about the wickedness of the regime in Bridgetown which gleefully finds these pretexts to take us all on journeys to nowhere but hell.

    Once the Ocean Conservancy controls the socalled “Blue Economy”, because there is hardly any other initiatives, they well be telling our fishermen what can be caught, what can be trapped, what nets can be used, what can be dumped, etc. There shall be a vast increase in the relative power of socalled environmental organisations like we see in Belize and elsewhere.

    As though the IMF was not Enuff, we invite another CIA front to conduct an intelligence war against us in the name of going to a development heaven.

    Is this The Mottley Revolution?

    Like

  • @Pacha

    SIDs must govern in a brave new world by keeping their smarts about them. There is nothing wrong with Mottley or other SIDs creating opportunities within the global economy to navigate the many challenges that exist. In this era being small is a curse given the blurring of national boundaries and all that gushes from it.

    The struggle is real.

    Like

  • @David September 17, 2022 5:36 AM

    We don’t need oversight bodies doing things on behalf of citizens. Citizens need to form groups and associations to solve their own problems and lobby for and draft their own legislative changes.

    We also need a monopoly/duopoly/cartel law that puts restrictions on businesses in that situation subjecting them to limits on profits, annual audit requirements, etc. all administered by the FTC and FSC.

    Like

  • de pedantic Dribbler

    @David, ‘consumer protection’ covers a broad subject matter as there are so many diverse aspects of the 1-1 consumer interface with corporations and government .

    An FTC body by its very nature is expected to protect the consumer principally by setting fair rates and ensuring the consumer is protected from misleading or disadvantageous marketing/fair trading malpractices..

    Its terms of reference would not have it involved in what are civil suit cases related to employee malpractice/negligence in the normal course of business.

    As is often the case we as citizens get stumped by the many govt agencies and will turn to the wrong one for help … thus our problem despite its seriousness can be lost simply due to ‘ignorance’ of where to go.

    So yes as you note the various ‘consumer protection’ agencies must work hand in hand to refer and guide our general ignorance and ‘expert’ laypersons like yourself who better understand this govt maze will also direct carefully.

    This is NOT an FTC matter as it would not fall under THEIR ‘consumer protection’ statutory regulations as @Artax pointed out.

    Lata.

    Like

  • @David September 17, 2022 7:43 AM

    Our government needs to stop borrowing money we can’t payback just so we can say we country keeping up with the Joneses and start living within our means. Sooner or later we must pay the piper.

    All government needs to do to succeed is create the necessary legislative and regulatory framework to eliminate the red tape roadblocks make us N0. 1 in ease of doing legal business. Once that is achieved, we the citizens will take it from there and run faster than Oba creating our own products, services and business opportunities.

    Like

  • @ David

    It is true that little is known about the Office of Public Counsel.
    I only became aware of the entity after discussing an issue on behalf of a friend, with my relative, who told me FTC would refer her to OPC because they deal with those specific types of situations.

    There is limit the OPC can legally recover in damages on behalf of persons, which I think is $10,000.

    You ‘said’ “there is an opportunity for many of the oversight bodies in Barbados to robustly execute on behalf of regular folk by ‘testing’ matters.”
    A customer, for example, may make a complaint to the FTC against a store that is engaging in misleading advertisement of a product.
    In those types of situations, the Commission would test the matter on behalf of that customer, by sending personnel into the store ‘disguised’ as ordinary shoppers to make test purchases, during the process of their investigations.

    However, I believe citizens or special interest groups could also form an independent, non-governmental consumer organisation to advise persons of their consumer rights under the law, help determine the best course of action when those rights are violated and, possibly intervene on their behalf…… as well as lobbying for laws to protect consumers against, for example, producers, unsafe products, false advertising, poor service,
    predatory lending, unscrupulous building contractors etc.
    And, also enhance collaboration and coordination between the organization, ‘government’ and regulators.

    This blog could be the basis of facilitating an informative discussion.

    Unfortunately, as seems to be the NORM, certain individuals are ALLOWED to use the ‘tail end’ of EVERY BLOG to DIVERT the ‘discussion’ AWAY from the substantive topic, so they can push their particular agenda.
    This is evidenced by the fact that they post multiple contributions in which they monotonously regurgitate the SAME shiite they post to OTHER threads.

    Like

  • @ DPD
    We are going no where. Just a lot of fancy talk but we have basic communication problems and then there is the omnipresent implementation deficit.
    Quite frankly, sometimes I honestly think we are living in the 60s or even before.
    Then we have those who are versed in trying to pick oats from shit defending the crap daily.
    Peace

    Like

  • @ Artax
    There is something called leadership. I say no more on that for now.
    However , when you stated thus:
    “This blog could be the basis of facilitating an informative discussion.”
    You reminded me of what Mr. Carl Moore said a few years ago.
    I have nothing further to say but …………..

    Like

  • Mr. Skinner

    I meant we could further engage in a meaningful discussion on issues pertaining to consumer rights and protection.

    I remember hearing Malcolm Gibbs-Taitt, who headed a consumer rights organization, on the radio talking about consumerism.
    He was often criticised by DLP supporters, accused of being a ‘BEE’ and not doing enough to promote the interests of consumers.
    But, in all fairness, he was ‘a bit more talk than action.’

    However, persons known to be supporters of the DLP announced on ‘Brass Tacks,’ their decision to form another consumer organisation, which was short lived.

    Even consumerism is politicised.

    Like

  • @ Artax
    The NDP also formed a consumer association. We looked into a few cases.I remember one involving a lady who had some problems with some ointment.
    However, the association never got going to any great degree.
    2. I know what you meant but in terms of facilitating informative debate/ discussion, it reminded of what Carl Moore had said years ago.
    Peace.

    Like

  • @Dee Word

    Please understand the blogmaster is NOT arguing a legal matter. It is about enacting laws to benefit ordinary people. In this instance the blogmaster included the FTC to add weight to the argument that given the current state of play consumer issues are left to blow in the wind. We have to do better.

    Liked by 1 person

  • @CA

    Borrowing by successive governments is symptomatic of what you would say?

    Like

  • @Artax

    You get distracted by others?

    Make your points and move on.

    Agree Barbadians must mobilize to form a strident advocating voice, dissenting voice. However, we know this will not happen any time soon which makes government the guardian of the people as the last resort. Protecting the rights of people is more critical given the state of the political landscape.

    Like

  • David
    How come these two things could be right within the same historical moment.

    That this writer, you agreed, told you that this deal will be done before Mottley or anybody else spoke about it

    And that you could determine that Barbados, as a SID, is creating opportunities. The inverse is .correct. Opportunities are being created to enforce perpetual slavery.

    What (slave) trade? What opportunities?

    Surely, you will see that for a socalled SID, a rock will negligible resources. Such an absence of resources already highly leveraged and irrationally distributed historically. To now surrender our Blue Economy waters to those seeking their own interests, on both sides of this inequitous deal, will delivered to our children a new formation of slavery.

    Like

  • @Pacha

    And the alternative given where Barbados was in 2018?

    Like

  • There will be consequences Pacha, always consequences for bad positions taken.

    Like

  • @David September 17, 2022 10:17 AM

    Symptomatic of arrogance and nepotism by the elected officials and a constitution that gives them too much decision making power.

    The constitution should have limits like
    1)No budget deficit provision with all spending based on taxes, or revenue.
    2) A requirement for published auditing of all departments on an annual basis or the pensions for the elected officials and Permanent Secretaries are reduced or forfeited for each year they fail to comply.
    3) Limit power to making recommendations but not any mandates that curtail personal freedom of choice and movement.

    We want to be a republic so government must stop trying to hold back and control the citizens with their ideas as if they have all the answers.

    Like

  • @CA

    You are getting there. In our system of government where should the real power reside if elected officials are failing?

    Remember, there will be consequences if we play the zero sum game.

    Like

  • @David

    The key is to design a system that does not concentrate too much power in any one person, role or group like the US system tries to do with their separation of congress, senate and president duties and powers but avoids the gridlock and lobbying power of campaign contributors, lobbying groups and corporate interests have in corrupting the system.

    I’ll try to find some time to my numerous ideas on government structure and operational improvements together and submit an article.

    Like

  • @CA

    Thanks look forward to it.

    You are aware the US system has its challenges as well? We see it with filibustering, super-pacs, how caucusing can distort results, horse trading etc. No system will be perfect, we have to continue to work at it.

    Like

  • David

    That is not the point.

    The point is that you posited that Barbados or SIDS were creating opportunities for senseless, eternal, debt peonage

    We are contending the opposite. That these opportunities are being created by others to perpetually enslave us.

    Like

  • @Pacha

    Does it matter in a space SIDs with service based economies like Barbados are takers? Until we find a way to exploit and harness local resources/talent and at the same time reset people expectations, we will have to go along for the ride.

    Like

  • David
    Precisely! That mindset of yours and them is untenable. A pact with the devil. A no win for your SIDS.

    And given the reasoning is also highly unsustainable. What a contradiction!

    We’re comforted however by your implication that none of these so-called people who ‘govern’ are in charge of anything but the pretense that they really are.

    Like

  • @Pacha

    There is an uncomfortable realization democracy as we attempt to practice is not fit for purpose given prevailing attitudes and economic systems unable to satisfy conspicuous demand.

    Like

  • When all is said and done our system of government must be configured to be an optimal enabler read to the benefit of all people. We need actors to make money to invest and generate economic activity. However we cannot have one group thriving at the expense of the other. Man made constructs will never be perfect but we can’t stop trying to be the best of the best.

    Here is another example of a senior citizen unable to achieve a win win position in our system.

    Like

  • David

    Again would tend to agree though that statement is laced with a hidden desire to try to make the unworkable work. Absent the calibration that when organizing structures reach this end stage it’s impossible to save them.

    Like

  • African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    they are going NOWHERE FAST….

    we can only watch…from a great distance while the walls and a BRAND-NEW TRAP bears down and CLOSES IN on them…

    Like

  • African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    Pacha…they got an A from me for facing reality….hope they also notice the downward spiral…..although they are so heavily invested in that war…..and very likely to the last dollar…can’t ban fossil fuels now and shoot themselves in both feet…

    “Russia Sanctions Aren’t Working – US Officials

    American officials admitted to CNN on Friday that US-led sanctions haven’t crashed Russia’s economy. Despite Russia’s record energy revenue and the strength of its currency, the officials insist that the effects of the sanctions are yet to be felt.

    Russia became the world’s most sanctioned country within two weeks of the Ukraine special operation, yet after successive rounds of penalties, energy embargoes and excommunication from the SWIFT banking system, Moscow is reaping record profits from its fossil fuel exports.

    The ruble is also as strong against the dollar as it was in 2019, and Russia’s inflation rate has fallen.”

    Like

  • African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    Pacha……..the truth is out….everything you said AND MORE….with evidence….

    slave trade in reverse……was bandied around for quite a while…..

    Diego Garcia is NOT a person…

    Like

  • David

    Was there ever any doubt….. In your democracy.

    A rent seeker like the blp now is has the country by its pubic hair.

    Like

  • Waru

    Just wait until Mr. Frost starts coming across the tundra, the steppes.

    Like

  • “Just wait until Mr. Frost starts coming across the tundra, the steppes.”
    ~~~~~~~~~~~~~~~~~~~~~~~
    Understatement of the year so far….

    Like

  • African Online Publishing Copyright ⓒ 2022. All Rights Reserved

    “Just wait until Mr. Frost starts coming across the tundra, the steppes.”

    man…it gine be a ting…

    Like

  • @September 17 at 2:51 “As long as Ms. Montague was not DENIED or otherwise disadvantaged relative to the provision of services from FLOW or DIGICEL”

    So explain to us how having your sewage pipe broken and your home stinked up by a technician is NOT A DISADVANTAGE to Ms Montague?

    And don’t give us any legal gooble-de-gook,

    Explain in plain English.

    Or plain Bajan?

    And no need to cuss me.

    Like

  • @Critical Analyzer September 16, 2022 11:02 AM “You should have taken the olive branch from Flow and accepted the 2,500 final offer because you probably will get nothing if it goes to court.”

    How about if it goes to the court of public opinion?

    Like

  • @Critical Analyzer September 17, 2022 7:55 AM “We don’t need oversight bodies doing things on behalf of citizens. Citizens need to form groups and associations to solve their own problems and lobby for and draft their own legislative changes.”

    You would tell your own 80 year old mother this too?

    Your 80 year old mother is an excellent legal draftsman???

    Like

  • “So explain to us how having your sewage pipe broken and your home stinked up by a technician is NOT A DISADVANTAGE to Ms Montague?”
    ~~~~~~~~~~~~~~~~~~

    Allow me to ask you a simple question.

    Was Ms. Montague disadvantaged because FLOW or DIGICEL failed to provide her with the services she requested?

    Like

  • You replied to my simple question with a question?

    Well let me try the same trick

    So explain to us how having your sewage pipe broken and your home stinked up by a technician is NOT A DISADVANTAGE to Ms Montague?

    Like

  • @Cuhdear Bajan

    How about if it goes to the court of public opinion?

    She would really end up in the red with medical bills cause the court of public opinion ruff ruff.

    @Critical Analyzer September 17, 2022 7:55 AM “We don’t need oversight bodies doing things on behalf of citizens. Citizens need to form groups and associations to solve their own problems and lobby for and draft their own legislative changes.”

    You would tell your own 80 year old mother this too?

    Actually, yes I would. If she wanted to take it to court, I would advise her to seek out similar persons and try a class action type of court case.

    Your 80 year old mother is an excellent legal draftsman???

    She is not but that was not the point of the statement. It seems to me, ministers currently draft amendments in secret and bring it to parliament without stakeholder review even if they had previous consultations.

    What is wrong with a group of like-minded individuals and associations sending their own amendments to ministers or their MPs to get it on the floor of parliament and passed? Government is doing it now with the constitutional changes and I bet they will not acknowledge the source of brilliant contributions and claim them as their own.

    We need to stop expecting government agencies to do bidding on our behalf while we hide in the shadows instead joining together, investigating and legally handling our situations ourselves.

    Like

  • Utility services are not free. WE PAY for such services. A service must ALWAYS be of reasonable quality and must be fit for purpose. When we hand our money over to a utility we reasonably expect to get what we pay for, that is good service.

    According to Ms. Montague what she got was not good, was in fact unfit and unreasonable.

    Now, please answer my question.

    Like

  • Cuhdear Bajan is on point and is 100% correct (for a refreshing change)

    Artax and CA please take note

    Like

  • Critical Analyzer September 17, 2022 9:09 PM “We need to stop expecting government agencies to do bidding on our behalf>”

    WE PAY Cabinet Ministers, Members of Parliament, and civil servants in government agencies to do our bidding. Why else do they get a fat pay cheque every month if not to be our servants. Civil servants, Members of Parliament and Cabinet Ministers are not doing us a favour. They asked for the jobs. We hired them, It is quite reasonable for us to expect them to do what WE PAY THEM to do.

    Since neither your mother nor me has any training or experience in legal drafting why should we have to beg volunteer lawyers [isn’t that an oxymoron?] or pay private lawyers when we are already PAYING every lawyer in the Attorney General’s office, and every Cabinet Minister and every member of Parliament.

    If they don’t do their jobs then we fire them as we regularly do.

    Like

  • Nuff, nuff ex MP’s out there.

    Nuff, nuff ex Cabinet members too.

    Civil servants, alas are as Barrow said like asbestos. Fire proof.

    Like

  • @Cuhdear Bajan September 17, 2022 9:35 PM

    They not only working for you or me one, they working for all of us and we all have competing interests so they will do for who has the biggest pull. That is the reality of the situation.

    Look at the poor farmers complaining for years about crop theft. If they would all band together and lobby government with a workable solution or down tools, the problem would be solved or significantly reduced in a month. Just look at how the hoteliers, merchants and other organizations with a vibrant association were able to lobby government for what they wanted during COVID.

    We need to stop these one person stick it to the system fights and band together to have real lobbying power.

    Like

  • @Bush Tea September 17, 2022 9:22 PM

    As to the specific scenario, if it were to go to court, it is possible Ms. Montague may not be found entirely blameless and hold some percentage of blame for the damage as a claim can be made she did not inform the technicians of the pipe location when she requested the service entry point be moved.

    These situations are never as straightforward as they may initially seem and tend to include nuances that complicate matters.

    Like

  • At no point have I suggested a one person thing.

    Like

  • Last/last

    Sometimes you display a level of idiocy that is simply amazing.

    I don’t believe ANYONE is DENYING the FACT that Ms Montague was INCONVENIENCED as a result of damages to her property by the technicians.

    My comments were based SPECIFICALLY on FTC’s involvement in the matter.

    RE: “Utility services are not free. WE PAY for such services. A service must ALWAYS be of reasonable quality and must be fit for purpose.”

    You are CORRECT.

    Did she complained about NOT RECEIVING the telephone and internet services she paid for?
    NO!!!
    She paid for and RECEIVED the services.
    If she had paid and DID NOT receive (DENIED) the services, then, she could’ve sought recourse from FTC…… because, according to the FTC Act, such matters would fall under its jurisdiction.

    RE: “According to Ms. Montague what she got was not good, was in fact unfit and unreasonable.”

    The DAMAGE done to the lady’s home as a result of the technicians drilling holes into the sewage pipes during the installation process, causing her to suffer an inconvenience…… “was not good, was in fact unfit and unreasonable.”

    This matter is OUTSIDE the FTC’s purview.

    Therein lies the DIFFERENCE.

    Like

  • @ CA
    We both know that when we have to resort to a ‘likely court decision’ in Barbados we are REALLY scraping the very bottom of the barrel for an arguable position.

    The SIMPLE FACT is that a Public Utility has an OBLIGATION to execute a minimum level of service to customers. And in fact the FTC is DIRECTLY responsible for such minimum standards and for their enforcement.

    To expect ANY customer to be have the responsibility to be familiar with the potential hazards of ANY utility functions is laughable.
    It is the UTILITY’s RESPONSIBILITY to so train and prepare (with needed tools etc) their agents to be aware of and to mitigate against ALL such hazards as drilling walls, ladder damage, roof damages etc.

    Once a problem was identified, that utility had an OBLIGATION to investigate and to restore the customer premises, and to compensate for any reasonable damages.

    The FTC is actually a colossal joke in Barbados…. as no less a person than the PM pointed out recently.
    They act more as agents of the utilities than as enforcers of fairness.

    Like

  • David

    Your arithmetic is wrong.
    For the FTC, this government and the big corps are allied against citizens.
    It’s time that misguided assumptions, wishful thinking, unproven theories, be cast aside.

    Like

  • Another example of a body unable to efficiently deliver on its mandate where it concerns the people.

    ——————————————

    Tribunal process too slow for poor workers
    Today’s Editorial

    Chairman of the Employment Rights Tribunal (ERT) Mr Justice Christopher Blackman carries a significant load on his shoulders as the lead arbiter of disputes involving the cases of unfair dismissal of workers in this country.
    Justice Blackman, who enjoyed an impressive career as a jurist on the local Appeals Court bench before his retirement, has been an important advocate, not only for workers who have sought justice from this quasi-judicial body, but he has also pushed for the strengthening of the institution itself.
    The ERT chairman has been consistent in his rulings, which have often gone against wayward employers. There have also been cases in which employees were told there was no merit to their claims.
    He has advised repeatedly that employers should simply follow the law and give workers due process before seeking to be punitive in the handling of infractions and other disputes.
    In a November 2019 address to the Barbados Employers’ Confederation (BEC) Justice Blackman lamented that employers were too quick to fire workers without due process and in flagrant violation of the law, thus leading to them being ordered to make large compensation payouts to workers for unfair dismissal.
    “The Employment Rights Tribunal is largely concerned with the process .
    . . . It speaks to fairness. Largely speaking, employers sometimes act on will, and as a consequence, they have to pay for it.”
    Making specific reference to the case of Debra Brathwaite versus First Citizens Bank in which the former employee was awarded more than $300 000, the ERT head expressed bewilderment at the actions of the financial institution.
    He queried what would have led the bank to fire Brathwaite – an employee of over 20 years – for a first-time offence that appeared to be an innocent mistake.
    The ERT chairman has also had to defend the ERT from unwarranted attacks, rejecting suggestions that it had some animus towards employers.
    Justice Blackman has also publicly chastised Government too for not providing the necessary resources to efficiently operate the Tribunal so that it does not replicate the ridiculous backlog that exists in our criminal and civil courts.
    Despite the efforts of Justice Blackman to dispose of as many cases through the case management process and eliminate the need to engage in lengthy hearings, we submit that not enough is being done to adjudicate the pile-up of cases brought by aggrieved.
    Workers who have been made jobless and their lives upended by the actions of managers and business owners should not face double jeopardy from the system that is supposed to protect them.
    The current system is simply not working fast enough. A dismissed worker does not have the luxury of four, five, or 10 years waiting for the ERT to even commence the process, far less see it through to a determination.
    Justice delayed is justice denied. If this holds true in courts at White park Road in Bridgetown, it also holds true for the Employment Rights Tribunal.
    The ERT has been labelled by a Barbados Workers’ Union representative as falling short of its mandate. We concur.
    There are too many complaints from dismissed workers that they remain in ERT purgatory with no word on when they will get justice.
    Mr Justice Blackman, to his credit, has been most vocal about the lack of a permanent home for the Tribunal, the lack of simple resources like a pool of administrative support staff to effect the proper work flow of the ERT office.
    We credit the chairman for his call to empower the ERT to deal harshly with employers who fail to pay awards that have been ordered by the Tribunal.
    We also support Justice Blackman’s condemnation of attorneys who are also contributing to delays at the Tribunal by not prioritizing hearings of that body.
    We have had promises from Minister of Labour Mr Colin Jordan to provide more backup on the legislative end. He has asserted that drafting instructions have been given to the Chief Parliamentary Counsel’s Office to amend the Public Contracts Act to deny contracts to businesses that owe government and awards to unfairly dismissed workers.
    That is a good move Mr Minister but also give the ERT the resources needed to make it efficient so that workers can get a fair hearing in a timely manner.

    Source: Barbados Today

    Like

  • @ David
    “Another example of a body unable to efficiently deliver on its mandate “
    ~~~~~~~~~~~~~~~~~
    Actually, the ROOT of the problem is not the incompetent BODY. It is, in fact, the common denominator of some LAWYER being in control of practically EVERY ‘body’ in Brassbados..

    For decades now, Bushie has been telling all who would listen, that the second greatest SCOURGE on mankind has been lawyers. Likely the most unlawful and predatory class of humanity EVER to have existed.

    These are people who DARE NOT allow an audit of their Clients Accounts…(and miraculously, unlike EVERYONE else, it is not required…)
    yet….
    In Brassbados, we adore them.
    We worship them (admittedly they can talk sweet as shiite)
    We put them in charge of every shiite

    ….AND WE EXPECT DIFFERENT RESULTS?

    Steupsss!!!
    Mek bed, …lie down and hush!

    Like

  • Why the rush to give interim relief to BL&P?

    BL&P makes vow to customers
    Barbados Light & Power Company (BL& P) says it will be implementing the interim rate increase granted by the Fair Trading Commission (FTC) but is committed to refunding customers if required based on the outcome of the substantive rate hearing.
    In its decision, which took effect on Friday, the FTC said it was granting BL& P 50 per cent of the interim rate hike it applied for to cover an estimated $94 million shortfall in operating revenues over the last six months of this year.’
    FTC’s decision
    The utility company said in a short statement yesterday that it would “carefully review the FTC’s decision to ensure that our implementation is fully compliant”.
    “With the regulator’s approval of a partial interim rate, Light & Power reiterates its commitment to electricity customers that, in the event the FTC sets a rate which is lower than that sought by the company, following the substantive rate hearing, we will refund all customers the difference between the interim rate and the final rate,” the company said.
    “Light & Power re-emphasises its commitment to the regulatory process and the advancement of national energy policy goals,” it added.
    The FTC said it estimated that approximately 50 per cent of the rates sought by BL& P “would yield the estimated shortfall for the expected period of further regulatory lag of no more than six months”.
    “Accordingly, the commission does not think that it would be fair and reasonable
    to grant the full rate of increase sought by [BL& P] on an interim basis. However, it would be reasonable to grant some interim rate relief,” the regulator stated.
    Interim rate relief
    “The commission has determined that the level of interim rate relief approved shall be capped at 50 per cent of the requested rates for all customer classes with the exception to the rates to be charged to the employees of [BL& P], for whom 100 per cent of the rate requested is approved,” it added.
    (SC)

    Source: Nation

    Like

  • The question on behalf of lowly consumers, is the FTC fit for purpose?

    Attorney not in favour of interim rate hike

    On Wednesday the Fair Trading Commission (FTC) will begin its substantive hearing of the Barbados Light & Power Company Limited’s (BL& P) application for an electricity rate increase. The hearing will come less than a week after the FTC granted BL& P an interim rate increase.
    Business reporter Shawn Cumberbatch interviewed intervenor, attorney Tricia Watson, on the issues involved and what was at stake for consumers.
    Take us back to the start of this issue.
    In the early days and weeks following the BL& P announcement that it was applying for an increase in rates, I could not help but notice the actions and statements in the media of the then acting CEO of the FTC.
    What caught and held my attention was a November 16 article quoting the FTC CEO as saying that “we have to look at the interim rate relief question . . .” She also stated the FTC has “to look at the request of confidentiality.
    Those are the two things that are happening in that intervening period.” This is my area of professional expertise. I knew that there is no “lawful” option for this “interim rate relief”. Almost immediately, I wrote to the FTC Chairman advising them that even considering the “interim rate relief” was improper as it was not in keeping with our law.
    This was before I even applied to be an intervenor. I felt forced to act as an interested party, hence I became an intervenor and put together a knowledgeable and talented team to promote the interests of the ratepayer in a process in which the FTC had already signalled that it was prepared to proceed without consulting with consumers and interested parties.
    What do you see as the main issues that need resolving during the rate hearing?
    • BL& P has not accounted for its failure to make the investments that it swore it would make when it asked for rate increases in 2009.
    The FTC granted a highly favourable rate of return in that case in part because of those commitments. The FTC has not enforced compliance and Barbados’ electricity consumers and our economy have borne the brunt of these failures, to the tune of $400 Million. To set rates the FTC must first examine what BL& P has actually done and how it has performed between 2010 and now.
    • The FTC must give weight to the evidence. Consequently, the FTC must require the company to provide all of the relevant evidence to intervenors and indeed to Barbadians. For example, BL& P cannot be allowed to keep information about what they will spend rates on secret. There is still talk about confidentiality and this needs to be examined.
    • The interests of consumers must be considered. That is the law. It is immediately apparent that those of the utility are currently prioritised.
    Balancing the interests of the utility and consumers can’t just be highsounding words. The rates charged by BL& P must be fair, not just to BL& P but also to consumers. The rates must allow for Barbadians to get safe reliable electricity service, and the FTC must ensure that BL& P acts prudently and operates efficiently. At the same
    time, the FTC is obligated to make sure that rates are affordable to rate-payers, and they must not allow BL& P to make super-profits off the backs of Barbadians.
    What is the basis of your argument that Barbados Light & Power should not be granted a rate increase?
    We do not argue that Light & Power should not be granted a rate increase. Our argument is, and always has been, that they should not be granted any increase until they present evidence, make a case and prove, “on the balance of probabilities”, that a rate increase is 1) justified; and 2) that the resulting rate would be “fair and reasonable”.
    For example, when it comes to the interim rate, we question whether the BL& P is indeed financially unstable since the company not too long ago paid out $25m in dividends for the 2021 financial year . . . for a single year. The law also says that a company in Barbados cannot declare or pay a dividend if that will prevent it from meeting its liabilities.
    Liabilities here would include regulatory obligations.
    The notion that the FTC can say, “Cuh-dear, Barbados Light and Power is suffering” and give them an increase is erroneous and must be dismissed.
    The FTC should have summarily rejected the request and advanced on to the substantive matter of the rate review rather than delaying the rate case to then impose so-called interim rate relief.
    Are there any unresolved issues that you think are in need of resolution in this rate case?
    Yes. There are many, but I will give you what I think is one of the main issues. That is the issue of fair treatment of intervenors and protecting consumers’ interests.
    Prior to the last procedural hearing, the FTC met privately with the BL& P and had discussions about dates for the rate hearing. We were not advised of the meeting by the FTC and when my team formally requested a meeting transcript the FTC said it was just an informal meeting and did not give us a transcript or meeting minutes or notes. We do not know what else was discussed and we are now left to question if other meetings have occurred with the applicant about this rate case, without the intervenors’ knowledge. After that secret meeting to discuss dates with the BL& P, the FTC held a hearing, proposing dates that had not been discussed with intervenors, to impose timings on us. During that hearing, the FTC did not allow my co-intervenor to make an input on when he would be available.
    As it turns out, he will not be on island for the dates that they have set down.
    As important as my co-intervenor being shut out, is the fact that the FTC has set dates without regard to Public Counsel, who the FTC was informed by her colleague in the Ministry of Energy, was ill and could not attend the procedural hearing. Public Counsel, is not only representing the “Ministry”, Public Counsel is also representing BARP and the public. So here we have the FTC accommodating the requests of the BL& P’s team and at the same time setting dates that exclude 50 per cent of the intervenor team of Watson and Simpson and 100 per cent of the representation of the Business Development Division (which is responsible for consumer protection,
    small business and entrepreneurship), as well as 100 per cent of the representation of BARP and its 30 000 plus members, and the government’s representation of the public interest. It is an extraordinarily improper exercise of the FTC’s discretion.
    You have said that the interim rate relief proceeding is not lawful. What is the basis of this conclusion?
    Barbados law, unlike some other jurisdictions, does not have a provision for setting or approving an “interim” rate or what the BL& P is calling “interim rate relief”. There are no provisions in our law for a case where some catastrophe out to the blue happens and the utility has to shell out big dollars suddenly and unexpectedly to deal with it. In the arguments BL& P made, I believe that they referenced a case somewhere in the US where wild fires had unexpectedly damaged the network and that utility made an argument for urgent rate relief. That is not the case here in Barbados.
    BL& P’s request, in October, 2021, that the FTC grant them interim rate relief by November 1, 2021, before any intervenors were approved, was asking the FTC to grant a rate without complying with applicable Barbados laws.
    We must all ask why the FTC has proceeded with this process, when the law is clear.
    [This response was completed before the interim rate decision was given by the FTC. Our comment on the decision will be made after my team has collaborated.] Why should consumers be interested in this week’s rate hearing?
    Consumers and businesses will pay the rates that are granted to BL& P by the FTC. In addition, the price of every good and service that we buy potentially will also be impacted, as rate increases cascade throughout the economy.
    Businesses will have to make decisions about passing on increased electricity costs to consumers, or swallowing those costs. That decision will have implications for business’ survival and for employment.
    It is expected that consumers will pay their electricity bills even as prices increase, because this service is essential to functioning. To pay those bills, if their earnings are static or even falling, and their spending power is reduced due to inflation, they will likely forgo buying non-essential goods and services, or even paying other bills.
    Our team’s analysis shows that any potential increase in the electricity tariff could have an adverse impact on the economy. Higher electricity prices would have a negative impact on the productive sectors in Barbados, further reducing economic growth, and further reducing the associated demand for electricity.

    Source: Nation

    Like

  • @Bush Tea

    Russell agrees with you.

    Enforcing Tribunal awards
    Over the last few months I received a number of inquiries from individuals who received orders from the Employment Rights Tribunal for compensation for unfair dismissal, but in each case the employer had failed to pay the employee the amount ordered, or any at all. In some instances, the tribunal’s order had been made years prior and the employee still had not seen a cent.
    Thankfully, most employers comply with orders made by the tribunal, but there are a few “bad apples” who for various reasons do not comply. Sadly, the Employment Rights Act (ERA) provides no penalties for employers who fail to comply with the tribunal’s orders and only gives the employee a limited and vague method for enforcing tribunal awards.
    Pursuant to section 47 of the ERA, orders or awards for the payment of a sum of money which are made by the tribunal are enforceable “as if it were an order made by a magistrate’s court in civil proceedings.” To be enforceable, the order or award must be certified by the chairman or deputy chairman and the terms of the order must be specified.
    Loss of income
    Imagine suffering loss of income due to being unfairly dismissed, then taking several months or years to have the matter heard and determined in your favour by the tribunal and after all of that you still have to find time and money to “run down” your former employer by filing further proceedings in the Magistrates’ Court.
    Even if successful in the Magistrates’ Court, the employee has to hope
    the employer pays the full sum. But if the employer cannot afford to pay the full sum, then the sum may be ordered to be paid in instalments which – lengthens the period of full recovery. Where the employer fails to pay the full sum or instalments, the employee’s only other method of enforcement is to seek a committal order (imprisonment of the defendant) against the employer for non-payment.
    Committal orders
    Even in ordinary debt claims, committal orders are rarely made. But consider that many employers are incorporated companies. A company cannot be imprisoned, and seeking committal of the directors requires “lifting the corporate veil” which, as far as I am aware, cannot be done by a magistrate.
    Not only does the ERA fail to provide an economical and effective means of enforcement, but it fails to provide penalties for employers who breach tribunal orders. The ERA does not make interest payable on late or unpaid awards, nor does it include any other penalty for an employer who fails to comply with tribunal orders. What then is the motivation for an employer to comply?
    The ERA essentially relies on the conscience of the employer to do the honourable thing and where the employer fails to do so, the employee is saddled with the burden of starting fresh proceedings in the Magistrates’ Court in the hope of receiving payment. I say in the hope of receiving payment because the Magistrates’ Court provides only limited means of enforcing awards.
    In short, the legislators were shortsighted. Fortunately, as mentioned by Minister
    Colin Jordan last week, one of the intended amendments to the ERA will be the inclusion of interest and penalties against employers who fail to comply with tribunal orders and awards.
    Amendment
    The chairman of the tribunal has long advocated for this amendment. I am happy to see it is now on the horizon I also hope the amended act will widen the powers of enforcement to allow proceedings to be instituted in the High Court, which has not only significantly more methods but also more effective means of recovering debt than the Magistrates’ Court.
    The reality is that the tribunal is only a quasi-judicial body, so its powers are limited to hearing and determining matters. The act therefore needs to provide a means of giving teeth to these orders by allowing the orders and awards to be enforced by a higher court.

    Michelle M. Russell is an attorney at law with a passion for employment law and labour matters, as well as being a social activist. Email mrussell.ja@icloud.com.

    Source: Nation

    Like

  • How can any better be expected of employers paying awards when government refuses to pay awards ordered by the court.

    In the same way, citizens get quickly hauled back before the court and off to jail for contempt of court order for non-payment of child support or debts to businesses, employers, permanent secretaries and ministers need to haul before the court and locked up for contempt of court order as well.

    Like

  • @ CA
    Awards ordered by the Court?

    Boss, the Government still has outstanding refunds for taxpayers from 2014.
    These are monies that were OVERPAID in estimated taxes by citizens, and are still outstanding almost ten years later….

    @ David
    What do YOU think is the purpose of the FTC?
    …and when you answer that, go on to explain how its composition facilitates that purpose.

    Like

  • Bushie
    It would be difficult for anyone to disagree on lawyers.
    If ever there was predation amongst humanoids this is it.
    Gladly, there’s a simple way to fix it😁

    Like

  • @Bush Tea

    In a simple reply the FTC is to fairly act on behalf of buyer and seller by ensuring price mechanism is zero positive.

    Like

  • BLPC responds to Interim Rate Decision from FTC – BLPC responds to Interim Rate Decision from FTC:

    https://barbadostoday.bb/2022/09/18/blpc-responds-to-interim-rate-decision-from-ftc/

    Like

  • “In a simple reply the FTC is to fairly act on behalf of buyer and seller by ensuring price mechanism is zero positive.”

    David

    Perhaps we should be encouraged to read the Fair Trading Commission (Amendment) Act and the Utilities Regulation (Amendment) Act 2020, before making any definitive, unqualified comments about the FTC,

    Like

  • @Artax

    You agree you have to read other legislation as well? The blogmaster is fixed for the purpose of this blog on its role in protecting consumers.

    http://www.ftc.gov.bb/index.php?option=com_content&task=section&id=5&Itemid=27

    Like

  • David

    There are other FTC legislation as well.

    I only MENTIONED TWO for the purpose of this discussion, as it relates to Ms Montague’s issue and the BL&P’s Interim Rate Decision.

    Like

  • Prediction: BL&P gets 75% of what it requested. Both sides claim a win.

    FTC to Bajans: We ensured that the increase was limited to what was needed.

    BL&P to shareholders: The increase will allows us to perform the necessary upgrades within the stated period.

    Like

  • David
    What a coincidence.
    A BLP governing regime delivers to the BLPC the tribute sought from within the corporation that is Barbados.
    Maybe as if providence?
    Where is the real democracy here?
    Sounds more meeting the classical definition of fascism.

    Like

  • @Pacham

    Your inference the FTC is not independent as the regulator?

    Like

  • I can’t understand how BL&P charges its customers for the provision of electricity services, yet, is seeking permission to increase electricity rates so as to finance capital investments, rather than reinvesting profits…… or borrowing from financial institutions.

    Like

  • @Artax

    Are you saying the FTC is not doing its job in the scenario you raised?

    Like

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