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Unfair Dismissal Backlog Lingers as Minister Jordan Unveils Labor Department's 2024 Agenda



In February 2020, Attorney General and Minister of Legal Affairs, Dale Marshall, expressed deep concerns about the protracted delays in referring cases to the Employment Rights Tribunal following unsuccessful conciliation processes. This drew attention to the efficacy of conciliation efforts extending up to five years and underscored the imperative for well-trained personnel in this vital area.

Marshall emphasized the stipulated 42-day conciliation timeframe in the Employment Rights Act and questioned the competence of those engaged in the process. Chief Labour Officer, Claudette Hope-Greenidge, acknowledged the absence of a targeted conciliation training program locally but highlighted engagement with the International Labour Organisation and a 2019 training initiative.


Fast forward to January 2024, Minister Colin Jordan unveiled an ambitious agenda focusing on paternity leave, wage protection, third sector legislation, and the development of a comprehensive labour code. However, amidst these promising initiatives, concerns persist regarding the backlog of unfair dismissal cases, with over 3000 cases pending at the Labour Department, some unresolved for over seven years.

Despite the minister's assurances and prior commitments to seek technical assistance from the ILO, the backlog remains a formidable challenge. The minister's silence on concrete steps to address the backlog is conspicuous, leaving affected individuals in prolonged uncertainty. The structural limitations of the Employment Rights Tribunal, compounded by insufficient staffing, significantly contribute to delays and inefficiencies.

The impact on affected former employees is severe, leading to financial instability and heightened hardships. The minister's lack of acknowledgment and action raise serious questions about the commitment to justice and the protection of workers' rights.

The unfulfilled promise of technical assistance adds to the frustration, with no updates on progress or tangible outcomes. Urgent action is necessary to promptly address the backlog and restore credibility to labor dispute resolution mechanisms.

Delving into the structure of the Employment Rights Tribunal reveals significant challenges. Currently organized into three panels, each comprising three individuals, the tribunal operates with only one recording secretary. This logistical setup poses considerable difficulties, as a single recording secretary cannot attend to more than one panel simultaneously.

This structural limitation substantially contributes to the existing backlog of cases, intensifying concerns about the tribunals' efficiency and their ability to ensure timely case resolutions. The glaring inadequacy of staffing resources prompts a critical question: How can these tribunals substantially alleviate the overwhelming backlog given the constraints imposed by their current operational framework?


The imbalance between workload and available support staff has profound implications for the overall effectiveness of the tribunals in addressing the backlog of cases. A solitary recording secretary managing the proceedings of two tribunals may result in delays, administrative challenges, and potential setbacks in the pursuit of justice for affected individuals.

In conclusion, while the outlined priorities for 2024 are commendable, the minister's inaction on the backlog of unfair dismissal cases, coupled with the structural limitations and lack of resources within the Employment Rights Tribunal, raises serious concerns about the commitment to justice within the labour sector. Immediate and comprehensive action is imperative to provide relief to those awaiting resolution and uphold the credibility of the resolution mechanisms in place.







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