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Understanding the Employment (Prevention of Discrimination) Act, 2020 – Barbados

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  Written by Peter MacD Earle BSc, LLM (Employment Law) In August 2020, Barbados enacted the Employment (Prevention of Discrimination) Act, 2020, significantly enhancing workplace protections by explicitly outlawing direct and indirect discrimination across a broad range of personal attributes. Crucially, EPoDA is intended to be read alongside—and where necessary overrides—the Employment Rights Act, 2012 (Act 2012 9).  It leverages the Employment Rights Tribunal, established under section 6 of the ERA, as the exclusive forum for adjudicating discrimination complaints. In cases where the two Acts intersect, EPoDA prevails and the ERA is adapted to fulfil EPoDA’s provisions—ensuring consistent enforcement under the Tribunal’s jurisdiction. 1. What the Act Covers In Barbados, the Employment (Prevention of Discrimination) Act, 2020 protects individuals from unfair treatment at work based on certain personal traits known as protected characteristics. Employers are prohibited from b...

The Massy Barbados vs. Merton Forde Case That Could Rewrite Employment Law in Barbados

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  Written by Peter MacDonald Earle BSc, LLM Employment Law Introduction In a case that could reshape how employers fire workers across the Caribbean, Massy Stores is challenging a ruling that found it wrongfully dismissed former employee Merton Forde. The matter is now before the Caribbean Court of Justice (CCJ), which has reserved judgment after a heated hearing in July 2025. At stake? Whether Massy’s decision to fire Forde without notice was legally justified—or whether it violated basic principles of fairness and contract law. The CCJ’s ruling could set a precedent for how summary dismissals are handled across the region. Who’s Involved? • Massy Stores (Barbados) Ltd.: A major retail chain, appealing the lower courts’ decisions • Merton Forde: A former employee dismissed in 2012 for alleged poor performance • The CCJ: The region’s highest appellate court, now tasked with clarifying the legal standard for dismissal What Happened? Massy fired Forde in December 2012, citing “...

Sexual Harassment or Flirtation Between South Africa’s 41-Year-Old Court Secretary, Andiswa Mengo and Her 63-Year-Old Judicial Superior, Selby Mbenenge?

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  Written by Peter MacDonald Earle BSc, LLM Employment Law Introduction Eastern Cape Judge President Selby Mbenenge is currently the subject of a Judicial Conduct Tribunal investigating allegations of sexual harassment brought by former court secretary Andiswa Mengo. The case, which began in early 2025, has attracted national attention—not only due to the stature of the accused, but because of the complexity of the evidence, the nuanced power dynamics, and the legal gray areas it exposes. While much of the testimony and digital communications have been made public, the Tribunal is still deliberating. A ruling is expected later this year. Background Judge President Mbenenge, appointed in 2017, is known for his role in judicial transformation and for his public persona as a church elder and music producer. Ms. Mengo worked as a secretary within the Eastern Cape High Court. In 2023, she submitted a formal complaint accusing the JP of making unwanted sexual advances. These included fl...

Redundancy or a Legal Sidestep? What the Juliette Straker Case in Barbados Teaches Us About Dismissals and Tribunal Limitations

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  Written by Peter MacD Earle, BSc, LLM, Employment Law Consultant In the often-blurred lines between lawful terminations and wrongful dismissals, the case of Juliette Paulette Straker v. Shell Western Supply and Trading Ltd. provides a compelling study—one that intersects redundancy law, contractual rights, tribunal jurisdiction, and the finality of employment disputes. Juliette Straker was no ordinary employee. She began her career with Shell in 1991 and worked her way up to the role of Risk Analyst by 2007. Over two decades of loyal service, she had earned her place as a seasoned and valued member of the company’s operations. But in October 2011, just one day before Shell implemented a major internal restructuring, Juliette received notice of her termination. The reason? The company claimed it was exercising a contractual right to end the employment relationship by providing notice—or payment in lieu. Juliette was paid three months’ salary and her accrued holiday pay. The total ...

Former BWA Boss in Barbados Fired from WASA After $13.4M Plan Collapses

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  By Peter MacD Earle BSc. LLM | Employment Law Consultant | June 2025 From BWA to WASA: The Rise and Fall of Keithroy Halliday St. Kitts-born Keithroy Halliday was appointed General Manager of the Barbados Water Authority (BWA) on February 15, 2017, bringing a strong track record in strategic leadership and regional public sector reform. Over the next seven years, he would become a defining figure in the BWA’s modernization efforts—managing national emergencies such as the South Coast sewage crisis and spearheading an island-wide mains replacement initiative. By 2020, Halliday had risen to Acting Chief Executive Officer, a role he held during a period of deep organizational restructuring. His resignation in August 2024 marked the end of a significant chapter in the BWA’s evolution—and the beginning of a controversial new role abroad as CEO of Trinidad and Tobago’s Water and Sewerage Authority (WASA), from which he would be abruptly dismissed less than a year later amid sweeping po...

The $22,240 Mistake in Barbados: How a Copper Theft Scandal and Legal Missteps Embarrassed C.O. Williams Construction

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  Written by: Peter MacD Earle BSc, LLM Employment Law, Demontfort Law School In the high-stakes world of construction and contracts, one misstep can spark more than just workplace tension—it can ignite a full-blown legal battle. This is exactly what unfolded in C.O. Williams Construction v. Frederick Kenmore Dash, a case that evolved from a workplace misunderstanding into a precedent-setting decision in Barbadian employment law. At the heart of the case? A pile of discarded copper wire, a long-serving employee, and a series of managerial blunders that ultimately cost one of Barbados’ most well-known construction firms over $22,000 in damages. ________________________________________ The Allegations: Copper Theft at Grantley Adams International Airport Frederick Kenmore Dash was no newcomer to C.O. Williams Construction. As a tractor operator with 14 years of service, he was part of a team working on the demolition of Terminal 2 at the Grantley Adams International Airport. During t...

Employee Goes Berserk and Explodes at the Rubis Coverley Service Station Pump in Barbados: Was This a Preventable Workplace Breakdown?

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A Workplace Commentary on the Rubis Coverley Incident By  Peter MacD Earle BSc, LLM, Employment Law Consultant On Friday, May 17, 2025, Barbadians awoke to disturbing news involving the aftermath of a workplace conflict that escalated dramatically. Daniel Arnold Vincent Belle, 38, a former employee of the Rubis Coverley gas station in Christ Church, appeared in the District “B” Magistrates’ Court and admitted to causing extensive damage to the station—an estimated $7,000 worth—just days after his dismissal from the company. The incident involved the smashing of a glass door, breaking two windows, damaging a display unit, and tearing off seven fuel pump nozzles. Surveillance footage led to Belle’s arrest in Oistins. While this act of destruction was clearly criminal, the context in which it occurred raises serious concerns about workplace conflict, employer responsibilities, and the role of mental health in employment relations. . Let me be clear from the outset: I do not have any a...