Peter Earle's WorkPlace Conflicts Blog

  Written by Peter MacD Earle BSc, LLM (Employment Law) In August 2020, Barbados enacted the Employment (Prevention of Discrimination) Act, 2020, significantly enhancing workplace protections by explicitly outlawing direct and indirect discrimination across a broad range of personal attributes. Crucially, EPoDA is intended to be read alongside—and where necessary overrides—the Employment Rights Act, 2012 (Act 2012 9).  It leverages the Employment Rights Tribunal, established under section 6 of the ERA, as the exclusive forum for adjudicating discrimination complaints. In cases where the two Acts intersect, EPoDA prevails and the ERA is adapted to fulfil EPoDA’s provisions—ensuring consistent enforcement under the Tribunal’s jurisdiction. 1. What the Act Covers In Barbados, the Employment (Prevention of Discrimination) Act, 2020 protects individuals from unfair treatment at work based on certain personal traits known as protected characteristics. Employers are prohibited from b...

  Written by Peter MacDonald Earle BSc, LLM Employment Law Introduction In a case that could reshape how employers fire workers across the Caribbean, Massy Stores is challenging a ruling that found it wrongfully dismissed former employee Merton Forde. The matter is now before the Caribbean Court of Justice (CCJ), which has reserved judgment after a heated hearing in July 2025. At stake? Whether Massy’s decision to fire Forde without notice was legally justified—or whether it violated basic principles of fairness and contract law. The CCJ’s ruling could set a precedent for how summary dismissals are handled across the region. Who’s Involved? • Massy Stores (Barbados) Ltd.: A major retail chain, appealing the lower courts’ decisions • Merton Forde: A former employee dismissed in 2012 for alleged poor performance • The CCJ: The region’s highest appellate court, now tasked with clarifying the legal standard for dismissal What Happened? Massy fired Forde in December 2012, citing “...

  Written by Peter MacDonald Earle BSc, LLM Employment Law Introduction Eastern Cape Judge President Selby Mbenenge is currently the subject of a Judicial Conduct Tribunal investigating allegations of sexual harassment brought by former court secretary Andiswa Mengo. The case, which began in early 2025, has attracted national attention—not only due to the stature of the accused, but because of the complexity of the evidence, the nuanced power dynamics, and the legal gray areas it exposes. While much of the testimony and digital communications have been made public, the Tribunal is still deliberating. A ruling is expected later this year. Background Judge President Mbenenge, appointed in 2017, is known for his role in judicial transformation and for his public persona as a church elder and music producer. Ms. Mengo worked as a secretary within the Eastern Cape High Court. In 2023, she submitted a formal complaint accusing the JP of making unwanted sexual advances. These included fl...

  Written by Peter MacD Earle, BSc, LLM, Employment Law Consultant In the often-blurred lines between lawful terminations and wrongful dismissals, the case of Juliette Paulette Straker v. Shell Western Supply and Trading Ltd. provides a compelling study—one that intersects redundancy law, contractual rights, tribunal jurisdiction, and the finality of employment disputes. Juliette Straker was no ordinary employee. She began her career with Shell in 1991 and worked her way up to the role of Risk Analyst by 2007. Over two decades of loyal service, she had earned her place as a seasoned and valued member of the company’s operations. But in October 2011, just one day before Shell implemented a major internal restructuring, Juliette received notice of her termination. The reason? The company claimed it was exercising a contractual right to end the employment relationship by providing notice—or payment in lieu. Juliette was paid three months’ salary and her accrued holiday pay. The total ...