In explaining reinstatement, the employee returns to the workplace after careful consideration by the Tribunal and it would be as if the dismissal had not taken place” …In respect of reengagement,” she continued, “the employee returns and if there is suitable employment for the employee, they return to employment that is comparable [to their previous job
The Employment Rights Act – A New Era For Barbados 17 May 2013
Almost seven months ago Prime Minister Fruendel Stuart intervened in the dispute between the Barbados Workers Union (BWU), National Union of Public Workers (NUPW) and the National Conservation Commission (NCC) how 200 workers were selected to be retrenched. Stuart admitted publicly that mistakes were made in the process and the matter had to be resolved by the Employee Rights Tribunal (ERT). It was reported in the media that both the NUPW and the BWU welcomed the Prime Minister’s intervention and dutifully briefed their respective membership to expect a speedy resolution.
Subsequent events have shown that the ERT has not been able to function – a new ERT Board has to be appointed after nearly 18 months – and consequently the NCC matter has been in abeyance along with 70+ other cases. Of interest at the time, and highlighted by head of Unity Workers Union Caswell Franklyn, was the suggestion the NCC matter would have been catapulted to the top of the case load for hearing by the ERT. Because the first attempt to operationalize the ERT failed, the attempt to influence the scheduling of cases by the political directorate is relegated to moot status.