Peter Earle's WorkPlace Conflicts Blog

 

 

  Ensuring Stability Amidst Ongoing Conflict An injunction originally granted to Caribbean Airlines Ltd (CAL) by the Industrial Court in response to a pilot sickout that occurred from August 18-20 has been extended to November. This development comes as CAL and the Trinidad and Tobago Pilots Association (TTALPA) remain in a dispute over pilots' compensation packages and work conditions. Initially, on August 21, 2023, at 1 am, CAL secured an injunction from the Industrial Court, instructing the pilot’s union, TTALPA, to direct workers and employees to immediately return to duty, a move aimed at curbing the inconvenience faced by the airline due to the sickout. This initial injunction was to remain in force until September 28, 2023. The extension of the injunction until November 10, 2023, follows the involvement of the Attorney General’s office in the matter, signaling the seriousness and complexity of the ongoing dispute. Dionne Ligoure, Head of Communications at CAL, clarified that...

Introduction: In today's rapidly evolving work landscape, the role of a Human Resources (HR) Manager goes far beyond traditional personnel management. One of the key challenges HR professionals face is creating a workplace culture that values psychological safety. In this article, we'll explore what psychological safety is and provide practical steps that HR Managers can implement to cultivate it within their organizations. Understanding Psychological Safety: Psychological safety is the belief that one can express themselves without fear of negative consequences, such as humiliation or punishment. It's a culture where employees feel comfortable taking risks, sharing their ideas, and engaging in open dialogue. Building psychological safety is crucial for fostering innovation, trust, and collaboration among teams. Steps to Implement Psychological Safety: 1. Lead by Example: HR Managers should set the tone by actively demonstrating behaviors that promote psychological safety. ...

Introduction: In today's fast-paced and competitive work environment, organizations are increasingly recognizing the significance of psychological safety. This trending concept is reshaping workplaces, fostering collaboration, innovation, and ultimately driving success. In this article, we delve into the transformative power of psychological safety, exploring its profound impact on both employees and organizations. Understanding Psychological Safety: Psychological safety refers to the workplace environment where employees feel safe to take risks, voice their opinions, and be their authentic selves without fear of ridicule, retribution, or judgment. It's a culture where individuals trust that they won't be penalized for speaking up, even if their ideas challenge the status quo. Creating a Safe Space for Growth: Open Communication: In psychologically safe environments, open and honest communication is not only encouraged but celebrated. Employees are more likely to share the...

The Queen Elizabeth Hospital (QEH) in Barbados today 22 September 2023, found itself at the center of attention due to a work stoppage initiated by the staff of its engineering department. This unprecedented action, driven by a myriad of concerns, including health and safety issues, has far-reaching implications for the hospital's operations and, most importantly, patient care. A Cry for Safety and Change The work stoppage, orchestrated by the staff of the engineering department, serves as a collective cry for change. At its core, this protest highlights grave health and safety concerns that have long persisted within the hospital's infrastructure. These concerns, raised by the staff and echoed by Industrial Relations Officer Lisa Allicock of the NUPW, cannot be ignored any longer. The Incinerator Predicament One of the most alarming issues brought to the forefront is the dire condition of the hospital's incinerator. Reports indicate that this critical piece of equipment is...

 Introduction: Life is full of unpredictable moments, especially when it comes to our careers. We've all heard stories of quirky office pranks, dealt with odd coworkers, and faced those awkward elevator silences. But what happens when your boss, from a financially struggling company, decides to ring your doorbell at 7 in the morning with unexpected "bad news"? Buckle up for a surprising tale that unfolded in the early hours, leaving an employee in shock. The Unexpected Morning Knock: Picture this: a tranquil morning, the sun just beginning to illuminate the day, and a dedicated employee, blissfully unaware of what's about to transpire. That's when things took an unusual turn. The boss, from a company grappling with financial woes, showed up unannounced at the employee's doorstep. It was 7 a.m., and little did the employee know that this visit would alter the course of their day—and their career. Exploring the Unconventional: This narrative might raise eyebrows...

In a striking display of collective industrial action, teachers across Guyana recently utilized their sick days and urgent private affairs' concessions, leaving many students unattended at schools like St. Angela's Primary in Georgetown. This move, referred to as a 'sick out,' is part of a broader effort by teachers to advocate for increased salaries, a demand that has been looming for three years. Stunned Students Left Unattended: The absence of teachers on Thursday morning left students at St. Angela's Primary in Georgetown both stunned and unattended. This situation was not unique to this particular school, as numerous teachers across the country opted to withhold their services by utilizing their sick leave and urgent private affairs' concessions. While substitute teachers were assigned to some classes, many students had already left the school compound by the time they arrived. The Guyana Teacher's Union (GTU) President Speaks: GTU President Mark Lyte d...

In recent news, over 60 employees at the Tobago Agribusiness Development Company (TADCO) in Trinidad have faced uncertainty as their contracts come to an end. This development has sparked discussions about hiring practices, transparency, and the company's future. In this article, we delve into the details of the situation, shedding light on the challenges faced by these workers and the efforts to reform TADCO. Contracts Ending on September 30, 2023: The workers at TADCO were initially hired on three-year contracts, which began in October 2020. However, they recently received letters from the company's management, stating that their contracts would not be automatically renewed and would end on September 30, 2023. This news has understandably caused concern among the affected employees, who now face the prospect of reapplying for positions within the company. Calls for Transparency and Accountability: The decision not to automatically renew the contracts has raised questions abou...

 

On September 8, 2023, the first day of the new school term, secondary school teachers in Barbados were bombarded with late-night phone calls and early-morning notifications informing them of unexpected reassignments and promotions. The Ministry of Education's sudden decision, made mere hours before the start of the term, sparked widespread criticism from teachers and their unions.  The Ministry's handling of these reassignments, particularly the timing of notifications, has come under intense scrutiny. Recent interviews for principal and deputy principal positions, conducted by the Administrative, General and Professional Services Commission, culminated in the appointment results reaching ministry officials less than 24 hours before the start of the school year. This timeline raises serious questions about the efficiency and planning of both the commission and the ministry. The late notifications have had a profound impact on teachers. Principals and school administrators had a...

 

 

 

 

 

 

 Dear Readers, Exciting and groundbreaking news is on the horizon! We are thrilled to announce that we will soon be publishing exclusive details of a discrimination case that has taken Barbados by storm. This case is unlike any other and marks a significant moment in the legal history of the country. Intrigued? You should be! Here's a sneak peek into what makes this case so extraordinary: The Background: This case centers on allegations of racial discrimination in the workplace, a matter that strikes at the heart of fairness, justice, and equal opportunity. It involves a Black worker who has allegedly been paid a lesser commission than a white counterpart and has faced other disadvantages due to their racial background. The Legal Framework: What sets this case apart is its reliance on the recently enacted "Employment (Prevention of Discrimination) Act, 2020," a groundbreaking piece of legislation in Barbados. This act is designed to protect individuals from discrimination...

 

The Indian police have arrested three employees of Marion Biotech Pvt Ltd, a pharmaceutical firm based near New Delhi, in connection with the deaths of 19 children in Uzbekistan. Here are the key points from the news article: Indian government laboratory tests found that 22 drug samples from Marion Biotech were "adulterated and spurious." The arrests included Marion's head of operations and two chemists. The arrests were made based on a complaint received by an inspector of the Central Drugs Standard Control Organisation (CDSCO). Uzbekistan had reported that 19 children died after consuming Marion's cough syrups in December, leading India to suspend Marion's production. An analysis by Uzbekistan's health ministry revealed that the cough syrups, Ambronol and DOK-1 Max, contained the toxin ethylene glycol. These syrups were administered in doses higher than the standard for children, either by parents who mistook them for an anti-cold remedy or on the advice of ...

Three companies operating under the MES Group, along with four former directors, have been convicted of multiple offenses under the Employment of Foreign Manpower Act ("EFMA") and the Employment Act ("EA"). The convicted companies include Mini Environment Service Pte Ltd ("Mini Environment Service"), Labourtel Management Corporation Pte Ltd ("Labourtel"), and MES Logistics Pte Ltd ("MES Logistics"). In light of these convictions, both the companies and the individuals involved have been barred from employing migrant workers.  The sentences imposed on the four individuals and the three companies are as follows: 1: Name of individual / company: Mohamed Jinna s/o Mohamed Abdul Jaleel (“Jinna”)   Role: Director of Mini Environment Service, Labourtel and MES Logistics Sentence imposed : 42 weeks’ imprisonment and $48,000 fine (in default 192 days’ imprisonment) 2: Name of individual / company : Parvis Ahamed S/O Mohamed Ghouse (“Parvis”)  ...

The Ministry of Manpower (MOM) conducted a rigorous two-day island-wide enforcement operation spanning May 16 to 17, 2023, resulting in the arrest of 27 individuals suspected of various employment-related offenses. These offenses include illegal employment, fraudulent declarations in work pass applications, and the manipulation of a firm's migrant worker quota by making CPF contributions to Singaporeans not genuinely employed by the company. MOM's dedicated officers executed raids at 19 different locations, including food stalls, residential areas, and the offices of the accused individuals. These suspects are alleged to have introduced 290 migrant workers into Singapore through deceptive practices. The operation yielded a significant haul, with 80 digital devices like laptops and mobile phones, along with vital payment records, seized as evidence. Ongoing investigations continue to unravel the extent of the offenses committed. The Operative Method of the Syndicate This syndica...

 Introduction Employment laws vary significantly from one country to another, and this dichotomy is especially evident when comparing at-will employment in the United States to employment in the United Kingdom under the Employment Rights Act. In this article, we'll explore the fundamental differences between these two employment systems and examine their practical implications for both employers and employees. At-Will Employment in the USA Definition: At-will employment is a cornerstone of employment in the United States. It means that an employer can terminate an employee for almost any reason, provided it is not illegal or discriminatory. Conversely, employees also have the freedom to quit their jobs without facing legal repercussions. No Contract: In at-will employment, formal employment contracts specifying the duration of employment are typically not the norm. This arrangement is the default in most U.S. states. Exceptions: While at-will employment is the general rule, exce...

 

 

 Summary: In the case of Higgs vs. Farmor's School [2022] EAT 102, the Employment Appeal Tribunal (EAT) in the UK ordered the recusal of a lay member due to their strong views expressed on social media, which were opposed to gender-critical beliefs. The decision was made in the context of a direct discrimination and harassment claim related to a school employee's dismissal for expressing controversial views on social media. The Claimant, who worked at the school, had posted on social media expressing views against pro-LGBT education in schools, which were deemed prejudiced against the LGBT community. The school dismissed her, leading to a legal claim alleging direct discrimination and harassment based on her religious beliefs. The Employment Tribunal (ET) initially dismissed the claim, finding that the Claimant's social media posts could reasonably lead to the perception that she was homophobic and transphobic, justifying her dismissal. The case proceeded to the EAT, where ...

In the modern workplace, rules and policies are essential for maintaining order, ensuring fairness, and promoting a conducive work environment. However, when allegations of rule violations surface, it is incumbent upon companies to conduct thorough and impartial investigations. Unfortunately, instances of companies falling short in this regard are not uncommon, with significant implications for both employees and the organizations themselves. The Neglected Investigation Process One of the most critical aspects of addressing alleged breaches of work rules and policies is the investigation process. This stage involves gathering facts, interviewing relevant parties, and assessing evidence to determine whether misconduct has occurred. Yet, many companies tend to overlook or rush through this process, often at their peril. Implications for Employees: Unfair Treatment: When companies fail to conduct proper investigations, employees facing allegations may feel they are being treated unfairly...

After seven years of legal proceedings, the Employment Rights Tribunal (ERT) has ruled that Jepter Lorde was unfairly dismissed by the Barbados Light and Power Company (BLPC). However, the decision on whether Lorde will be reinstated or compensated has been delayed, with a possible decision expected by next Tuesday. ERT chairman Kathy Hamblin has given BLPC's lawyer, Rene Butcher, until Friday to provide a decision on whether reinstatement or compensation will be offered to Lorde. Hamblin has expressed her willingness to provide a final ruling by September 8, pending the submission of essential information, including the recalculated compensation. Hamblin emphasized the need for proper documentation and urged both attorneys to review their submissions, as they had used incorrect formulae for calculating figures. She set a deadline of September 1, 2023, for the submission of relevant documents, promising a response from the panel within seven days. Hamblin also expressed frustration...

The Barbados Workers' Union (BWU) has faced criticism in another case involving the dismissal of an employee, Nicole Layne, by G4S Secure Solutions (Barbados) Limited. The Employment Rights Tribunal (ERT) had previously dismissed Layne's complaint of unfair dismissal, and the reasons for that decision were requested by both parties. Layne's case centered on her claim of unfair dismissal on September 12, 2013, by G4S Secure Solutions. She asserted that her dismissal was unjustified and that her appeal process was deliberately delayed by the employer. The BWU supported Layne's argument, contending that her appeal was properly referred to the Chief Labour Officer for conciliation based on the Collective Agreement, and that her failure to give written notice of appeal was not fatal. However, the ERT found that Layne did not follow the statutory appeal process outlined in the Act, which required a written notice of appeal within a specific timeframe. The Act also did not inc...

The Barbados Workers' Union (BWU) is facing scrutiny following the dismissal of a worker's unfair dismissal case by the Employment Rights Tribunal (ERT). This incident involves Keith Alleyne, an employee who lost his job in 2013 and filed an unfair dismissal complaint. However, the ERT dismissed the case, citing the union's lack of timely action in seeking redress for Alleyne. The ERT's decision was based on several key factors: Delay in Filing : Alleyne submitted his complaint to the Chief Labour Officer more than six months after his termination, which exceeded the statutory limitation period. This delay played a crucial role in the dismissal of his case. Lack of Supporting Information: Despite being invited to submit documents, nothing was sent for over eight years. The required forms were only submitted after a notice of abandoned claims was published in a newspaper, and these documents lacked essential supporting information. Union's Responsibility: The ERT no...