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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, Flowย moved wires from up stairs to down stairs for a telephone line,ย  the technician drilled the wire through the sewage pipe. Around Februaryย  2019 Digicel drilledย through the same sewageย pipe and installed the internet line,ย  The sewage was leaking through the houseย  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,ย  I also smelled it before and I use a lotย  disinfectant spraysย  to no avail, but she will still insist it stink, I searched upstairs downstairs, no dead rats, I found little small blackย  things like little snake coming through the bathroom sinks, in my bed I triedย  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.ย  ‘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 warringย  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 emailย  and it has a number, every time I email I got a number,ย  I got a letter delivered to Flow,ย  2 supervisors from flow came, one was very nice, the other very rude,ย  the nice one I knew his mother,ย  the rude one said Flow is not going to do that or this, In the meantime Digicel did the repairs to the house,ย  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 flooringย 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,ย  within 20 minutes of being outside Flow [Gabrielleย  a very nice young ladyย  came to me, and asked to come inside so we can talk,ย  but I did not go, because aย  beautiful young lady [Sandy]ย from the Nation saw me and told me she was going and get her camera and come back. Janet Taylorย  and her team of lawyers we corresponded back and forth to no avail. I wrote Fair Trading, aย  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.


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142 responses to “A Citizen’s Fight Against FLOW, no help from FTC”

  1. Critical Analyzer Avatar

    @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.


  2. @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.


  3. 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.


  4. @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.


  5. 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!

    Weโ€™re comforted however by your implication that none of these so-called people who โ€˜governโ€™ are in charge of anything but the pretense that they really are.


  6. @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.


  7. 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 canโ€™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.


  8. 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.

  9. African Online Publishing Copyright โ“’ 2022. All Rights Reserved Avatar
    African Online Publishing Copyright โ“’ 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…

  10. African Online Publishing Copyright โ“’ 2022. All Rights Reserved Avatar
    African Online Publishing Copyright โ“’ 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 Arenโ€™t Working – US Officials

    American officials admitted to CNN on Friday that US-led sanctions havenโ€™t crashed Russiaโ€™s economy. Despite Russiaโ€™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 worldโ€™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 Russiaโ€™s inflation rate has fallen.”

  11. African Online Publishing Copyright โ“’ 2022. All Rights Reserved Avatar
    African Online Publishing Copyright โ“’ 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…


  12. David

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

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


  13. Waru

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


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

  15. African Online Publishing Copyright โ“’ 2022. All Rights Reserved Avatar
    African Online Publishing Copyright โ“’ 2022. All Rights Reserved

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

    man…it gine be a ting…


  16. @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.


  17. @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?


  18. @Critical Analyzer September 17, 2022 7:55 AM “We donโ€™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???


  19. “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?


  20. 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?

  21. Critical Analyzer Avatar

    @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 โ€œWe donโ€™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.โ€

    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.


  22. 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.


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

    Artax and CA please take note


  24. 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.


  25. Nuff, nuff ex MP’s out there.

    Nuff, nuff ex Cabinet members too.

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

  26. Critical Analyzer Avatar

    @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.

  27. Critical Analyzer Avatar

    @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.


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


  29. 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.


  30. @ 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 UTILITYโ€™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.


  31. 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.


  32. 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


  33. @ David
    โ€œAnother example of a body unable to efficiently deliver on its mandate โ€œ
    ~~~~~~~~~~~~~~~~~
    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 โ€˜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!


  34. 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.โ€™
    FTCโ€™s decision
    The utility company said in a short statement yesterday that it would โ€œcarefully review the FTCโ€™s decision to ensure that our implementation is fully compliantโ€.
    โ€œWith the regulatorโ€™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,โ€ the company said.
    โ€œLight & Power re-emphasises its commitment to the regulatory process and the advancement of national energy policy goals,โ€ it added.
    The FTC said it estimated that approximately 50 per cent of the rates sought by BL& P โ€œwould yield the estimated shortfall for the expected period of further regulatory lag of no more than six monthsโ€.
    โ€œAccordingly, 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,โ€ the regulator stated.
    Interim rate relief
    โ€œThe 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,โ€ it added.
    (SC)

    Source: Nation


  35. 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 Limitedโ€™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 โ€œwe have to look at the interim rate relief question . . .โ€ She also stated the FTC has โ€œto look at the request of confidentiality.
    Those are the two things that are happening in that intervening period.โ€ This is my area of professional expertise. I knew that there is no โ€œlawfulโ€ option for this โ€œinterim rate reliefโ€. Almost immediately, I wrote to the FTC Chairman advising them that even considering the โ€œinterim rate reliefโ€ 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?
    โ€ข 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 Barbadosโ€™ 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.
    โ€ข 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.
    โ€ข 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 canโ€™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, โ€œon the balance of probabilitiesโ€, that a rate increase is 1) justified; and 2) that the resulting rate would be โ€œfair and reasonableโ€.
    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, โ€œCuh-dear, Barbados Light and Power is sufferingโ€ 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 consumersโ€™ 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 intervenorsโ€™ 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 โ€œMinistryโ€, Public Counsel is also representing BARP and the public. So here we have the FTC accommodating the requests of the BL& Pโ€™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 governmentโ€™s representation of the public interest. It is an extraordinarily improper exercise of the FTCโ€™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 โ€œinterimโ€ rate or what the BL& P is calling โ€œinterim rate reliefโ€. 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& Pโ€™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 weekโ€™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 businessโ€™ 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 teamโ€™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


  36. @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 tribunalโ€™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 โ€œbad applesโ€ who for various reasons do not comply. Sadly, the Employment Rights Act (ERA) provides no penalties for employers who fail to comply with the tribunalโ€™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 โ€œas if it were an order made by a magistrateโ€™s court in civil proceedings.โ€ 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 โ€œrun downโ€ your former employer by filing further proceedings in the Magistratesโ€™ Court.
    Even if successful in the Magistratesโ€™ 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 โ€“ lengthens the period of full recovery. Where the employer fails to pay the full sum or instalments, the employeeโ€™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 โ€œlifting the corporate veilโ€ 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 Magistratesโ€™ Court in the hope of receiving payment. I say in the hope of receiving payment because the Magistratesโ€™ 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 Magistratesโ€™ 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

  37. Critical Analyzer Avatar

    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.


  38. @ 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.


  39. 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 it๐Ÿ˜


  40. @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.


  41. 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/


  42. “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,


  43. @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


  44. 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.


  45. 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.


  46. 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.


  47. @Pacham

    Your inference the FTC is not independent as the regulator?


  48. 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.


  49. @Artax

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

The blogmaster invites you to join the discussion.

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