Peter Earle's WorkPlace Conflicts Blog

  Overview: In a recent legal development on January 12, 2024, the New York Supreme Court, in Santiago et al v. The City of New York, addressed allegations brought forth by female plaintiffs, former and current Department of Corrections employees. The court denied the defendants' motion to dismiss certain claims of sex-based hostile work environment under the New York State and City Human Rights Laws. Background: The plaintiffs contend that they endured sexual harassment by inmates while working for the Department of Corrections. Male plaintiffs' claims had been dismissed earlier, but the court took a different stance when considering the claims made by female plaintiffs. Key Points from the Decision: The crux of the female plaintiffs' hostile work environment claim revolves around regular sexual harassment by inmates, with an assertion that the Department of Correction was aware of the situation but failed to address it. The court acknowledged that there was no direct prec...

Overview: In a landmark decision, a High Court Judge in Nevis has ordered an employer to compensate an employee, Shawn Kissoon, with nearly EC$17,000 for wrongful dismissal. The ruling, delivered on January 13, 2022, sets a significant precedent for workplace justice and protection of employees' rights. Background: In September 2010, Shawn Kissoon commenced his employment with Select Enterprises. However, in a sudden turn of events on April 7, 2019, he was suspended indefinitely pending an investigation. Shockingly, the outcome of the investigation was never communicated to Kissoon, and he was not formally charged. Instead, on April 17, 2019, he received a dismissal letter citing gross misconduct from Select Services' attorney. Notably, the letter failed to specify the nature of the alleged misconduct. Court Proceedings: The case reached its culmination on October 4, 2021, when the trial took place before Justice Moise. During the trial, the dismissal letter, which lacked detai...

  Favianna Gajadhar, a resilient prison officer from Arima, has been granted leave by Justice Frank Seepersad to pursue her latest legal claim against the Commissioner of Prisons and the Attorney General. This follows a 15-year legal battle with the Public Service Commission (PSC), where she successfully obtained over $3.5 million due to a wrongful job abandonment declaration during a prolonged absence attributed to injury and pregnancy. Gajadhar's journey within the T&T Prison Service commenced in 2000. Suffering from a debilitating back injury, she faced a challenging period of extended absence between 2004 and 2006. Despite the hardship, she courageously aimed to return to duty three months after the birth of her daughter in June 2006. However, her attempts were thwarted by her supervisor, who, despite Gajadhar's submission of sick leave and maternity certificates, declared her resignation effective June 2007, citing absence without leave from April 2006. Undeterred, Gaj...

  Date: April 2, 2023 In a groundbreaking judgment delivered on March 20, 2023, the Honourable Madam Justice Carol Gobin of the High Court of Justice in Port-of-Spain, Trinidad and Tobago, issued a ruling that has far-reaching implications for the rights of public officers and the application of disciplinary regulations. The case, Claim No. CV2021-02017, involved an application for judicial review by Caramchand Sammy against the Public Service Commission and the Attorney General of Trinidad and Tobago. Background: Caramchand Sammy, a prison officer stationed at the Maximum Security Prison, faced disciplinary charges for alleged "Discreditable Conduct" and bringing a prohibited cell phone onto the prison compound. The Public Service Commission (PSC) imposed penalties, including interdiction and withholding one quarter of Sammy's salary. Legal Proceedings: Sammy pleaded guilty to the charges in 2019, but on appeal to the Public Service Appeal Board (PSAB) in 2020, the decis...

  Introduction: In the rapidly evolving landscape of business management, the amalgamation of globalization and automation, represented by the rise of robots, is ushering in a new era that demands strategic adaptation and forward-thinking leadership. Globalization: The Interconnected Business World Globalization has transformed the business realm into an interconnected web of opportunities and challenges. In this era, businesses are not confined by geographical boundaries; instead, they operate in a global marketplace where cultural nuances, diverse markets, and varying regulatory landscapes play pivotal roles. Successful business management in a globalized world requires a nuanced understanding of cross-cultural communication, adaptability to diverse consumer preferences, and the ability to navigate international regulations. Leaders must foster a global mindset within their teams, encouraging collaboration and embracing diversity to thrive in this interconnected ecosystem. Robots...

  Introduction: Stories of violence and tragedy in the context of workplace dynamics sometimes surface, exposing the less positive aspects of employer-employee relations. This collection examines eerie events from across the world in which bosses including supervisors took on criminal roles and committed horrifying crimes that devastated lives and caused lasting damage. From deliberate schemes to deadly killings, each episode reveals a different story of workplace crime. 1. Desperate Self-Defense: The Electrician's Lethal Encounter Ivan Mills, a Virgin Islands electrician, found himself in a life-or-death confrontation with his employee, Brendan Maloney. The dispute over substandard work quickly escalated, culminating in a chilling chase with a machete. In an act of self-defense, Mills retrieved his legally-registered firearm, ending the confrontation with a fatal shot to Maloney's chest. The subsequent investigation raised questions about potential charges against Mills. 2. A ...

  Introduction: In a recent ruling earlier this month (January 2024), the Court of Appeal in the Cayman Islands has illuminated a legal loophole that leaves employees of charitable organizations without the protections afforded by the Labour Act. The case involves Shelliann Bush, an employee of The Pines Retirement Home in Cayman, who faced dismissal over her refusal to take the COVID-19 vaccine, citing religious beliefs. This case highlights the absence of provisions for charity employees under the Cayman Islands' Labour Act, particularly Section 3, which explicitly excludes charitable organizations, churches, and the public service, raising concerns about the need for legislative clarity and employee safeguards. This ruling in the Cayman Islands stands in stark contrast to yesterday's Employment Rights Tribunal decision in Barbados , affirming the validity of the Claimant's discrimination complaint. The employee bravely contested her employer's COVID-19 vaccine mandat...

Introduction: In a landmark decision today 1/25/2024, the Employment Rights Tribunal (ERT 2022/001) adjudicated a significant legal dispute between Whyvonna Wiggins-Hoyte (Claimant) and Rubis Eastern Caribbean SRL (Respondent). The Employment Rights Tribunal Panel comprise Kathy-A. Hamblin, SC Deputy Chairman; Frederick Forde, GCM Member and Deighton Marshall, CMgr. Member.  Caswell Franklyn, General Secretary of the Unity Workers’ Union, represented the Claimant in this groundbreaking case, which spanned about 18 months before reaching its conclusion. The Respondent was represented by Sherica Mohammed-Cumberbatch of Carrington & Sealy.  Background: The case revolved around the employer's mandate for a weekly negative COVID-19 PCR test result, with the Claimant alleging a violation of section 6 of the Employment (Prevention of Discrimination) Act (E(PoD)A). Whyvonna Wiggins-Hoyte set the precedent by being the first employee to present her case before the Employment Rights...

  (1)  UWI Workers' Struggle: The Unsettling Delay in Pay Hike Sparks Frustration Tensions are brewing at the University of the West Indies’ Cave Hill Campus, where workers find themselves caught in the midst of a pay dispute that shows no signs of resolution. This lingering issue has left employees growing increasingly impatient, and the situation is reaching a critical point. Since last August, UWI staff has been anticipating a well-deserved increase, but the prolonged delay has pushed them to demand answers. A reliable source reveals that on January 10, correspondence expressing these concerns was hand-delivered to both the Registrar and the Ministry of Education. However, despite the proactive approach, there has been no response to date. This lack of acknowledgment has heightened the frustration among staff members, prompting discussions of potential escalations to address the matter at hand. The backdrop to this dispute involves the aftermath of last year's public sector...

  Overview This article vividly portrays the tragic and somber narrative surrounding the untimely demise of four individuals who found themselves trapped in an undersea oil pipeline at Paria Fuel Trading Company Ltd in Trinidad and Tobago almost one year ago. The heart-wrenching events that unfolded on that fateful day of February 25, 2023, tell a tale of despair, desperation, and a fight for survival amidst the depths of an unforgiving pipeline. As the nation grapples with the aftermath, the sorrowful incident sheds light on the pressing need for accountability, justice, and a reassessment of safety measures within such perilous working environments. Introduction While conducting repairs on February 25, divers Fyzal Kurban, Kazim Ali Jr, Rishi Nagassar, Yusuf Henry, and Christopher Boodram were sucked into a pipeline by a vortex created by a sharp difference in water pressure known as a Delta P. Only Boodram escaped, to later give a heart-rending testimony at the inquiry. Survivor...

Introduction: A recent public skirmish between the Barbados Workers Union (BWU) and the Barbados Hotel & Tourism Association (BHTA) has paved the way for the introduction of the proposed Labour Clauses (Concessions) Bill. Coming soon will be comments from persons including trade unionists and Industrial relations experts on the proposed piece of legislation. They will tell you what they see as the implications the proposed bill will have on the industrial relations climate in Barbados.   Despite the Barbados Workers Union's (BWU) limited presence in the hotel sector, their assertive posture implies a claim to represent the majority. Advocating for government-supported implementation of minimum labor standards in the industry, they seek to derive advantages for their cause, notwithstanding their relatively modest influence within the sector. This clash not only initiates a multifaceted battle unfolding publicly but also underscores a behind-the-scenes tug-of-war. Here, the ...

 Introduction: In the midst of the January layoff season in 2024, a viral video featuring the termination of a former Cloudflare employee has ignited a fierce debate about the transparency of layoff processes and employee treatment in the tech industry in the USA. The video, posted on TikTok by Brittany Pietsch, a former account executive at Cloudflare, has prompted scrutiny and raised questions about whether the termination was a disguise for layoffs or a result of underperformance. The Viral Video: Pietsch, armed with courage and uncertainty about her sudden termination, took to TikTok to share her experience. In the nine-minute video, she recounts her abrupt meeting with human resources representatives who informed her of her termination due to alleged underperformance. Pietsch contends that she had only recently joined Cloudflare in August 2023 and had a limited timeframe to meet performance expectations. The Debate: The video has spurred a viral debate about the nature of the ...

In a chilling exposé on the Marcia Weekes Show, former Senator Caswell Franklyn, serving as the General Secretary of the Unity Workers Union, brought to light a distressing incident that unfolded at the St. Philip Polyclinic. The shocking revelation detailed a nurse falling victim to a knife-wielding assailant, thrusting workplace safety into the spotlight and prompting a resounding invocation of the Safety and Health at Work Act. Franklyn candidly revealed the horrifying encounter, narrating how a disgruntled parent brandished a knife during a routine visit to register his child for a vaccination booster. The escalation from impatience to violence left the nurse traumatized, shining a stark light on the vulnerability of healthcare professionals in the face of such unexpected dangers. Expressing righteous indignation at the alarming absence of adequate security measures, Franklyn unequivocally declared that the Unity Workers Union, championing the cause of the majority of nursing staff...

In an electrifying turn of events, the Caribbean Development Bank (CDB) has become the epicenter of global intrigue as President Dr. Hyginus ‘Gene’ Leon is abruptly placed on administrative leave until April. The buzz surrounding this unexpected move, coupled with the confiscation of Dr. Leon's computer and tablet, promises a riveting narrative that has captured the attention of audiences worldwide. Dr. Leon, a distinguished St. Lucian economist, took the reins as the sixth president of the CDB just last year, making this administrative leave even more perplexing. The secrecy shrouding the situation, the alleged lack of communication with the Board of Governors, and the enigmatic postponement of the annual news conference have set the stage for a gripping tale within the corridors of this premier Caribbean financial institution. Speculation and anticipation reach new heights as we explore the distinctive role of the Board of Governors, the highest policy-making body of the CDB. As ...

  The Barbados Workers' Union (BWU) applauded the government of Barbados' recent announcement that it would draft legislation establishing minimum standards for workers in the tourism and hospitality industries. This information was revealed by Prime Minister Mia Amor Mottley in her most recent Address to the Nation, and it represents a turning point in the continuing negotiations between the Barbados Hotel and Tourism Association (BHTA), the BWU, and the Government of Barbados. Barbados, with its vibrant tourism industry, employs approximately 11.4% of the labour market in accommodations and food services. The longstanding collective agreement between the BHTA and the BWU, established over 40 years ago, has been a cornerstone in fostering positive labour relations. The Barbados Workers Union currently holds the recognized status for negotiations within the hotel sector through the collective agreement with the Barbados Hotel and Tourism Association (BHTA). This historic agreem...

In the sobering video below, the resurgence of child labor in America unfolds before our eyes, revealing a disturbing trend that demands our immediate attention. The revelation is stark: child labor violations have surged by nearly 300% since 2015, and major corporations, including household names like General Mills, Walmart, and Ford, find themselves entangled in the exploitation of vulnerable children. This video unearths the unsettling truth behind this rise and underscores the urgent need for collective action to curb this alarming regression.