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Barbados Workers' Union Faces Criticism Over Handling of Dismissed Worker's Case

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 noted that there was an "escape clause" for filing claims out of time, but Alleyne's legal counsel did not invoke it. The tribunal held that the BWU, as the claimant's representative, should have been aware of the limitation period and taken measures to preserve Alleyne's position.

Claimant's Remedies: The ERT ruled that Alleyne's remedies, if any, would be against the BWU, not against the respondent company. This decision emphasized the union's responsibility in such cases.

The ERT also criticized Standards Distribution and Sales Inc. for its failure to respond to tribunal correspondence, labeling its behavior as contemptuous. The company's claims that the delay made it challenging to contact key witnesses and retrieve evidence were deemed dubious by the tribunal.

In response to these developments, the BWU contests the allegations made by the deputy chairman of the ERT, Kathy Hamblin, regarding the union's timeliness in handling Alleyne's case. The BWU expressed dismay over Hamblin's comments, stating that they were made without allowing the union to provide a perspective or response. The union regards this omission as a departure from the Tribunal's obligation to be guided by the rules of natural justice.

Keith Alleyne's case serves as a reminder of the importance of timely action in employment disputes and the responsibilities of both unions and employers. It also highlights the need for transparency, consistency, and swifter resolution of such cases within the Barbadian labor landscape.

The BWU remains committed to advocating for workers' rights and ensuring that justice is served, and it is prepared to address these issues through appropriate channels.

As this case unfolds, it underscores the significance of effective representation and adherence to legal procedures in safeguarding the rights of employees and promoting fairness in the workplace.


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