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The ERT's Criticism of the BWU

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 incorporate the "standard practice" of appealing to the Chief Labour Officer through the trade union as the first step in the dispute resolution process. The ERT clarified that the Chief Labour Officer's role did not include exercising appellate jurisdiction under Section 3(1) of the Act.

Furthermore, the ERT noted that the Collective Agreement mandated a tiered approach to dispute resolution, with conciliation by the Chief Labour Officer as a last resort. The Act did not accept the "standard practice" as part of the accepted appeals process.

In conclusion, the BWU's argument that Layne's oral appeal to the Chief Labour Officer sufficed was rejected by the ERT. The tribunal found that Layne had not followed the statutory appeal process and was not unfairly denied due process. This case highlights the need for adherence to statutory appeal procedures and the limitations of appealing directly to the Chief Labour Officer without following the prescribed steps.


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