Peter Earle's WorkPlace Conflicts Blog

  Overview In Barbados, the Employment Rights Act of 2012 provides crucial protections for employees, particularly in cases of unfair dismissal and concerning caregivers' rights. Let's break down two important sections of this act to better understand these protections. Caregivers, as defined in the context of the Employment Rights Act of 2012 in Barbados, are individuals responsible for the care and welfare of children or dependent family members with disabilities. These individuals may include parents caring for their children, as well as individuals providing support and assistance to family members with disabilities, such as elderly parents or relatives with special needs.  Caregivers often have significant responsibilities associated with ensuring the well-being of their dependents, including attending to their medical, emotional, and practical needs. In the workplace, employees who are caregivers may face challenges balancing their caregiving duties with their job respon...

It's critical that both employers and employees are aware of their rights and responsibilities in the workplace. In Barbados, one significant aspect of employment law revolves around the prohibition against testing for medical conditions and the requirement for employers to make reasonable adjustments for employees. Let's explore these ideas in more straightforward language. The Employment (Prevention of Discrimination) Act, 2020 prohibits against testing for a medical condition. Section 6, states that "Subject to section 8, an employer shall not require a person to answer questions in relation to, or undergo a test for, a medical condition as a precondition to entering into a contract of employment or as a condition for the continuance of employment."  Prohibition against Testing for Medical Condition: Imagine applying for a job and being asked to undergo a medical test before you're even hired. That doesn't sound fair, right? Well, according to the law, empl...

Answer :  In California in the USA, an employer cannot impose any restraints not inherent in the rest period requirement itself. In Augustus v. ABM Security Services, Inc., (2016) 5 Cal.5th 257, 269, the California Supreme Court held that the rest period requirement "obligates employers to permit-and authorizes employees to take-off-duty rest periods. That is, during rest periods employers must relieve employees of all duties and relinquish control over how employees spend their time." As a practical matter, however, if an employee is provided a ten-minute rest period, the employee can only travel five minutes from a work post before heading back to return in time. Additionally, California Wage Orders stipulate a "net" 10-minute duration for rest breaks. According to the Division of Labor Standards Enforcement, the rest period commences when the employee reaches an area away from the workstation suitable for rest. Therefore, if the rest area is distant from the work...

The Conservative Political Action Conference (CPAC) stands as a cornerstone event for conservative leaders and activists, but as its 50th annual conference unfolds, it finds itself ensnared in a web of controversy surrounding allegations of sexual harassment against Matt Schlapp, a prominent figure in conservative circles. The saga began over a year ago when Roger Sollenberger of The Daily Beast broke the story, revealing allegations of sexual harassment leveled against Schlapp by a former staffer of Herschel Walker, a GOP Senate candidate from Georgia. Despite Schlapp's vehement denials, the specter of these allegations continues to cast a shadow over CPAC and its leadership. Recent court filings, as reported by The Washington Post, have brought new allegations to light, stretching back as far as 2017. These disturbing claims suggest a pattern of misconduct that raises serious questions about accountability within the American Conservative Union (ACU), the organization behind CPAC...

The Barbados Private Sector Association (BPSA) recently raised concerns in a paid advertisement in the Sunday Sun Newspaper date 2/18/2024, regarding the potential implications of the Labour Clauses Concessions Act 2024 on the tourism sector, shedding light on the complexity of labour relations within the industry. It is increasingly evident that significant challenges loom over the practical enforcement of the legislation and the delineation of roles among various stakeholders in the process. The BPSA listed a number of concerns and or questions including the following: 1.Clarification on why the actions of a few hotels (only 4 hotels) have led to consequences for the entire tourism accommodation sector and beyond.  2.Explanation of the process used to identify which sectors will be subject to consultation. 3.Information on the procedure for reviewing a company’s compliance with labour laws. 4.Details on how the removal of concessions will be implemented if it is deemed necessary ...

The alarming trend of violence against trade unionists, resulting in over 70 labor activists brutally murdered since 2016, demands urgent attention and decisive action. Across various countries, labor leaders and activists advocating for workers' rights have fallen victim to targeted assassinations and brutal suppression of protests. Let's delve deeper into some of the most egregious cases: Philippines: The recent killing of labor leader Jude Thaddeus Fernandez epitomizes the grave risks faced by unionists in the Philippines. Fernandez was fatally shot by police officers on September 29, 2023, in his home in Binangonan, Rizal province, during a purported search operation. The police alleged that Fernandez "fought back," a claim often used to justify extrajudicial killings. This incident underscores the broader pattern of harassment and violence against labor leaders in the Philippines, where accountability for such actions remains elusive. Sierra Leone: In Sierra Leon...

  Background According to a report from the Barbados Hotel and Tourism Association (BHTA) only 434 employees out of an industry total of 14,000 people are members of the Barbados Workers’ Union (BWU). The 434 union members constitute 3.1 % of the total workforce in the industry. A significant number of hotel workers are therefore not members of the BWU.  On Wednesday, October 4, 2023, a planned Barbados Workers Union (BWU) tour to meet with tourism workers faced disruption when three rented tour buses were suddenly called away. Led by BWU General Secretary Toni Moore, around 50 union workers were commemorating the 82nd Founder’s Day celebration and using that occasion to recruit new members to the said union. Despite the setback, the BWU workers proceeded using their own vehicles to continue their visit to the south coast hotels. During the tour, Moore highlighted challenges faced by industry workers, including short-term contracts and denied benefits such as service charges. ...

The Massy Group, a titan in the Caribbean business landscape, is once again under the spotlight as its president and chief executive, Gervase Warner, abruptly announced his early retirement. This surprising move comes amidst swirling allegations of dark arts training and executive mismanagement, unraveling a saga that has captivated both employees and the public alike. In an internal email sent to all staff, Warner cited the recent disruption caused by the company's annual general meeting as a catalyst for his decision to step aside. With just one year left before his scheduled retirement, Warner believed it was prudent to allow a new leader to navigate the company through this tumultuous period. The timing of Warner's departure, however, raises eyebrows. His exit comes on the heels of explosive claims made by the company's former group counsel, Angelique Parisot-Potter, during the 100th annual general meeting. Parisot-Potter alleged sinister rituals and undue influence wit...

  In a resounding victory for workplace justice, David Barrow, a tenacious 63-year-old, has secured an unprecedented £2.5 million payout following his unjust dismissal while bravely battling cancer. This landmark ruling stands as one of the most substantial disability discrimination settlements in the country's history. Barrow's journey began in January 2018 when he received the devastating diagnosis of cancer. Despite the gravity of his situation, rather than receiving the empathy and support he deserved, Barrow faced the callous attempt by his employer, Kellogg, Brown & Root (KBR), to retroactively justify his dismissal. Despite KBR's knowledge of his condition, Barrow was abruptly ousted from his position in May 2018. His struggle was compounded by the severe side effects of steroid medication stemming from an undiagnosed illness at the time. Despite KBR's purported stance against workplace discrimination, Barrow was met with a harsh ultimatum from the HR manager...

In a 2013 judgment, the Caribbean Court of Justice (CCJ) addressed significant issues pertaining to constructive dismissal and the attribution of conduct in the case of Bay Trust Corporate Services Limited (BTCSL) v. Karen Acosta Longsworth. This case, arising from Belize, presents crucial considerations regarding employment law and corporate responsibility. The central questions revolved around whether the actions of Mr. Glen Wilson, the Chairman/President of BTCSL, constituted constructive dismissal of Ms. Longsworth, and if so, whether his conduct could be attributed to the company. The CCJ, in its ruling delivered by Justices Rajnauth-Lee and Burgess, affirmed both issues in the affirmative, marking a significant milestone in the jurisprudence of constructive dismissal in the Caribbean. The background of the case traces back to Ms. Longsworth's employment with Bay Trust International Limited (BTIL) and subsequent involvement with BTCSL. Over the years, Ms. Longsworth's role...