Peter Earle's WorkPlace Conflicts Blog

 

Introduction This case, labeled ERT/2016/185, involves an incident between the Claimant, Carolyn Haynes, and Rico Harte that took place on April 6, 2016, within the premises of the Barbados Beach Club. This altercation ultimately resulted in the termination of Carolyn Haynes' employment on April 8, 2016. Carolyn Haynes had served as a porter/kitchen steward for the Respondent, Barbados Beach Club, for 14 years. Prior to this incident, there was no documented history of misconduct on her part, nor had any disciplinary action been taken against her. Carolyn Haynes argued that her dismissal was unfair, primarily because the Respondent did not adhere to the procedural requirements stipulated in the Employment Rights Act, 2012-9 ("the Act"). The Respondent, on the other hand, contended that despite certain procedural irregularities, they were justified in terminating Carolyn Haynes' employment due to her involvement in a physical altercation on the company's premises, ...

 Background: This case revolves around Norman Grant, referred to as the claimant, and Barbados Beach Club, the respondent. The issue at hand was whether the termination of Mr. Grant's employment due to reaching the retirement age set by the employer constituted unfair dismissal or age discrimination. Mr. Grant initially worked with the Barbados Beach Club from 1996 until 2009, when he resigned to pursue other employment opportunities. He was later rehired on December 6, 2010, as a Duty Manager, under an oral contract with a monthly salary of $5,000. At the time of re-engagement, Mr. Felix Broome, the Managing Director of the company, informed Mr. Grant that the retirement age within the organization was 65 years. Both parties agreed that the employment was initially intended for a two-year period. However, without formalizing this, Mr. Grant continued working until October 30, 2017. Legal Developments: On January 1, 2013, the Employment Rights Act 2012 (the Act) came into effect, l...

Ng Hock Guan v Attorney-General [2003] SGHC 284 was a significant case heard in the High Court of Singapore, with a decision date of 18 November 2003. The case centered on the dismissal of Ng Hock Guan, a Senior Investigation Officer in the Singapore Police Force, based on charges of assaulting Filipino women during a police interview. These charges were brought under section 27(1)(c) of the Police Force Act, Cap. 235, which pertains to conduct detrimental to good order and discipline. Ng Hock Guan contested these charges, leading to a disciplinary hearing conducted by Deputy Superintendent Jacob Joy. Allegations and Disciplinary Proceedings: The plaintiff, Ng Hock Guan, faced allegations that he had assaulted three Filipino women during an interview at the Anti-Vice Branch (AVB) office within the Criminal Investigation Department (CID) on 18 November 1999. The charges were made following claims by the women that Ng Hock Guan had slapped them. Multiple witnesses, including the complain...

In the case of Lynskey v Direct Line Insurance Services Ltd in the UK, a crucial legal battle unfolded, highlighting the challenges and obligations related to workplace issues, disability, and discrimination. The claimant had been employed as a sales consultant since 2016, but her journey took a challenging turn when she began experiencing severe menopausal symptoms, including "brain fog," concentration difficulties, and emotional distress. As her performance at work started to decline, her employer, the respondent, took certain actions that triggered this legal dispute. In March 2020, it became apparent that the claimant's menopausal symptoms were significantly affecting her job performance, and she sought medical treatment for them. Her employer placed her on a "success plan" in June 2020, and they offered her an alternative role following a stress-related absence. While she initially performed well in this new role, her performance subsequently deteriorated....

Introduction In today's fast-paced work environments, stress has become an unwelcome companion for many employees. According to former associate director of the Centre for Stress Management, Michael Neenan, stress is a response to pressures that exceed our coping abilities. The workplace is no exception, and the implications of this stress are profound for both employees and their employers. This article delves into the extent of workplace stress and offers insights into how to manage and reduce it. Understanding Workplace Stress Work-related stress is a pervasive issue affecting a significant percentage of the workforce. When pressures at work surpass an individual's capacity to handle them, it can result in psychological overwhelm. Stress can manifest in various forms, including anxiety, depression, and even physical symptoms. Here's a closer look at the implications of workplace stress: Symptoms of Workplace Stress Workplace stress doesn't neatly stay within the conf...

Introduction Performance appraisals have been a long-standing tradition in the corporate world, aimed at evaluating employee performance, providing feedback, and guiding future improvements. However, as someone deeply involved in designing, administering, overseeing and reviewing complaints by appraisees and appraisers for decades, I'm compelled to share a different perspective. In my view, performance appraisals, in their traditional form, do not work and are not effective in improving the performance of either the employees or the organisation. This assertion isn't rooted in scientific data but, rather, in personal experiences and observations. The Stress and Tension Surrounding Appraisals One of the most significant issues with performance appraisals is the stress and tension they generate. Appraisal periods often create sleepless nights, depression, and even hostility among employees, supervisors, and managers. It is one of the most tensed moments in some organizations. It ...

 The Intersection of Redundancy and Wrongful Dismissal: A Legal Examination The junction of redundancy and wrongful termination is a complicated issue of employment law that can have a big influence on an employee's rights. This article examines a case from Barbados' Supreme Court of Judicature as an illustration of the complex legal issues inherent in such cases. The case involved June Clarke, an employee of the American Life Insurance Company, and the core issue at hand is whether her dismissal constituted wrongful dismissal or redundancy under the Severance Payments Act, Cap. 355 A. June Clarke's Work History June Clarke's journey with the American Life Insurance Company began in 1962, when she assumed the role of Secretary/Cashier in the company's small insurance agency. Over the following 25 years, she progressed through the ranks, eventually becoming the Administrative Manager by 1976. Her career evolution mirrored the company's growth and development in B...

 

In the global business landscape, employee termination is a process subject to the unique labor laws and regulations of each country. Let's take a journey through the employment termination practices in Singapore, Indonesia, China, and the United Kingdom, and discover how they differ and what common themes emerge. Singapore: In the Lion City, employment termination is a precise and regulated process. Employers can terminate employees either with cause or without. Without cause, they must provide notice or pay in lieu, respecting statutory notice periods. Dismissal for misconduct, however, can happen immediately, without notice. Comment: Singapore's legal framework prioritizes due process and fairness. While employees can be terminated without cause, immediate dismissal for misconduct ensures that employers maintain control over workplace discipline. Indonesia: Indonesia's labor laws are stringent when it comes to employee termination. The country discourages terminations a...

In a somber turn of events, new details have emerged about the 38-year-old Singapore Civil Defence Force (SCDF) officer, Muhammad Kamil Mohamed Yasin. Kamil found himself in the spotlight due to his role as the superior of the late full-time National Servicemen (NSF), Sergeant 1 (SGT1) Edward H Go. The tragic incident unfolded on December 8, 2022, during a firefighting operation in a unit on the fourth floor at Block 91 Henderson Road. Heartbreakingly, Kamil allegedly left the 19-year-old Go alone to battle a raging fire without informing anyone during this critical operation. Go was later discovered unconscious in the kitchen and transported to Singapore General Hospital, where he tragically succumbed to suffocation due to a depleted air cylinder. His passing marked a sorrowful milestone as the first firefighter to fall in the line of duty during an operation in Singapore. After months of investigations, on October 14, 2023, the Singapore Police Force announced that Kamil would be cha...

In a sensational turn of events, hundreds of eager job seekers gathered at the C3 Centre in Corinth, on the outskirts of San Fernando, Trinidad, for an extraordinary opportunity to secure jobs in Guyana. The atmosphere was electrifying, as Global Tech Properties Inc, a prominent real estate, construction, and property management company based in Plantation Providence, Guyana, joined forces with its parent company, Pass Tech Ltd, located in San Fernando, to host a colossal job fair like no other. The event was uniquely designed to cater to individuals seeking employment in the thriving oil and gas sector and the construction industry. The excitement surrounding the event was palpable, with prospective applicants flocking to the venue well before the fair's scheduled start at 2 pm. Astonishingly, some hopeful candidates had arrived as early as 9 am, demonstrating their unwavering determination to be part of this extraordinary opportunity. Jamaal Marcano, the esteemed Project Manager ...

In a heart-wrenching incident that unfolded in San Fernando, Trinidad and Tobago, the life of Kern Etienne, a 39-year-old father of two, was tragically cut short when he became trapped and buried alive inside a trench not far from his own home. This devastating accident occurred near the San Fernando Licensing Authority, at Cipero Road, in close proximity to the Cross Crossing Overpass. Kern Etienne, an employee of the Water and Sewerage Authority (WASA), was part of an emergency repair crew assigned to the critical task of connecting a sewer line from the Licensing Office to a mainline at Cipero Road, San Fernando. Little did anyone know that these routine duties would lead to such a tragic outcome. According to his twin brother, Kerdelle, who tearfully recounted the horrifying incident, one of Kern's co-workers had issued a chilling warning about the unstable mud within the trench. Tragically, Kern's attempts to exit the trench were in vain, as the mound of earth rapidly coll...

In the realm of employment, two Caribbean nations, Trinidad and Tobago and Guyana, find themselves in the spotlight. Trinidad and Tobago recently reported an unemployment rate of 4.58% in 2023, marking a 1.72% decrease from the previous year. Historical data reveals a significant fluctuation, with an all-time high of 6.74% in 2020 and an all-time low of 2.43% in 2015. Amid these figures, an interesting dynamic emerges between the two nations. Guyana, on the other hand, is experiencing a transformative period, driven by its burgeoning oil and gas industry. Over the next four years, this sector is poised to create at least 5,000 new jobs, particularly for engineering professionals. However, this promising development is accompanied by a challenge: the availability of skilled workers in the local labor market is currently limited. A survey conducted by the International Labour Organization (ILO) provides insights into Guyana's occupational and skills needs within the oil and gas indus...

Amazon has reportedly tightened its return-to-office policy, allowing managers the discretion to potentially terminate employees who fail to meet the requirement of being in the office at least three times a week. The company is taking this strict stance to ensure strict enforcement of its return-to-office policy. Here's what we know so far about this development. Insider sources have indicated that Amazon has made adjustments to its global manager guidelines concerning the return-to-office policy. These guidelines are being shared internally through a company portal, offering guidance on how to address employees who do not comply with the three-day-a-week office attendance requirement. According to these sources, Amazon is now granting managers the authority to terminate employees who do not adhere to the company's mandate of returning to the office at least three times a week. Notably, non-compliance with the new policy does not automatically lead to immediate termination. Am...

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 The Legal Responsibilities of Florida Employers: Sexual Harassment and Liability Introduction: Sexual harassment is an issue that affects workplaces across Florida, and unfortunately, many employees are unaware of their rights and the policies their employers have in place until they find themselves in a difficult situation. The state's current unemployment rate, standing at 6.3%, has led to increased competition for jobs. In the race to secure employment, many job seekers often neglect to inquire about their potential employer's sexual harassment policies, putting their well-being at risk. In this article, we'll explore the legal responsibilities of Florida employers, their liability concerning the actions of their employees, and what you can do to protect yourself in the workplace. The Doctrine of Respondeat Superior: In Florida, as in many other states, employers can be held liable for the actions of their employees under the legal doctrine known as "respondeat sup...

Solidarity obo Strydom & 5 Others v State Information Technology Agency SOC Ltd Introduction: In the world of employment law, disputes over retirement age and age-based discrimination are not uncommon. Today, we delve into a significant case from the Labour Court of South Africa, Johannesburg (Case Number: C 148/18; JS 49/18; JS 67/18; JS 68/18; JS 338/18; JS 195/18). This case involved Solidarity, representing numerous applicant employees, and the State Information Technology Agency SOC LTD as the respondent. The central issue at hand was the claim of an automatically unfair dismissal based on age, as per section 187(1)(f) of the Labour Relations Act. The Key Legal Principle: The crux of the case revolved around Section 187(2)(b) of the Labour Relations Act, which states that a dismissal based on age is fair if the employee has reached the normal or agreed retirement age for individuals in that role. This legal principle formed the foundation for the entire case. The Contention: A...

Introduction In an ever-evolving employment landscape, the question of whether an employer can unilaterally change an employee's retirement age carries significant legal weight. A recent case, BMW (South Africa) (Pty) Ltd v National Union of Metalworkers of South Africa and Another, 2020, has provided valuable insights into this issue, addressing whether such unilateral changes amount to automatically unfair dismissals and unfair discrimination. This article delves into the case's facts, the court's decision, and the legal implications it holds. The Case at Hand In the BMW case, Mr. Deppe found himself in the midst of a dispute with his employer. When he joined BMW nearly 31 years ago, the retirement age stipulated in the staff handbook was 65 years. While his employment contract did not specify a retirement age, it referred to company policies, which included the handbook. In 1994, the chairman of the BMW Pension Fund announced a change in the retirement age from 65 to 60 ...

Introduction: A recent case in South Africa, Motor Industries Staff Association v Great South Autobody CC, brought to light a critical question: Can an employer fairly dismiss an employee based on age after the employee has reached the agreed retirement age? This case delved into the interpretation of section 187(2)(b) of the Labour Relations Act and had significant implications for employment law in South Africa. In this article, we will explore the details of the case and the court's decision, shedding light on the implications it carries for employees and employers. The Case: In this legal battle, the Motor Industry Staff Association and Willem Frederick Landman contested the dismissal of Landman by Great South Autobody CC, trading as Great South Panel Beaters, on the grounds that it amounted to age-based discrimination and was automatically unfair. The crux of the argument revolved around section 187(2)(b) of the Labour Relations Act, which addresses dismissals based on age. Th...

  Dear Participants, Your voice matters in shaping the future of labor relations and workers' rights in Barbados. We invite you to participate in the "Barbados Labor Relations and Union Perception Survey - 2023," contributing to informed discussions and decisions regarding labor unions. Your participation and sharing of this survey will play a crucial role in building a comprehensive understanding of how Barbados perceives labor unions in 2023. Thank you for being a part of this important conversation. Please click on or cut and paste the link below and go directly to the survey. Sincerely,  Peter MacD Earle BSc, LLM https://s.surveyplanet.com/vr8jjuew

 Introduction Water theft has been a persistent challenge for the Barbados Water Authority (BWA). However, recent developments indicate that significant strides are being made in the fight against this illicit practice. In a joint operation with the police, two plumbers, one a former BWA employee and the other currently employed by the state-owned entity, were apprehended while attempting an illegal water connection at a farm in Sanford, St. Philip. This operation marks a crucial breakthrough in the ongoing battle against water theft. Let's explore the details of this success and ways to prevent a recurrence. A Long-standing Predicament The problem of water theft has plagued Barbados for years, with illegal connections frequently detected on crop farms and private properties. This ongoing issue has placed considerable strain on the BWA's resources and finances. Notably, in 2014, it came to light that a gated community in St. James had been enjoying free water for over a decade,...