Peter Earle's WorkPlace Conflicts Blog

Prime Minister Mia Mottley raised the alarm bell earlier in August 2022, that the National Insurance Scheme (NIS) needed an urgent fix. She did so after receiving a report from an actuarial expert Derek Osborne, who projected that the near $4 billion NIS Fund risks being depleted in about 12 years by 2034 if major reforms are not undertaken. The prime minister however stressed that while the NIS was currently not in crisis, if efforts weren't taken to assure it could keep providing benefits, it may reach that stage.  Mr. Osborne, the Bahamian actuary expert tasked with assessing the health of the NIS, delivered the grim news Wednesday 10 August 2022, as he called on Barbadians to agree on a local solution to the threats facing the NIS. The announcement has been met with astonishment and disdain by Barbadians. Members of the public have been questioning the sincerity of government ministers who make statements like "we are in this together" while maintaining a pension arra...

Over 600 former employees of LIAT owed about EC$80 million (US$30 million) in severance payments have been complaining to regional governments for many years. They have tried many different approaches with the hope of being paid including presenting petitions to Governments, engaging in union negotiations with the former employer, court appearances and press conferences with very little positive results. In 2020, it was reported in the press that the court-appointed administrator Cleveland Seaforth said the employees were not likely get the outstanding monies anytime in the near future.  The fact remains however that the cash-strapped regional airline LIAT still owes former employees significant severance payments, and they are suffering.  In May 2022, the press reported that victimized former LIAT (1974) Limited airline employees were disappointed and frustrated with how they were being treated by the four labour party Caribbean governments over the previous two years, partic...

I have been receiving calls from more employees than employers about the determination of the retirement age in the private sector. The reality in Barbados is that in many cases employees continue to work without contracts of employment or at least a statement of employment particulars in accordance with the Employment Rights Act 2012.  In other cases, even where there is a contract, it might be dated and silent on the question of retirement.  The common practice among some employers is to retire employees based on the retirement age set by the NIS at which a person can begin to receive their full NIS pension. These employers are using the compulsory age of retirement which obtains in the public sector (that is, Central Government and state-owned enterprises), which has been established by legislation such as the Pensions Act, Cap. 25 and the Statutory Boards (Pensions) Act, Cap. 384. Contrarily, there is no regulation that sets a normal retirement age for anyone working in th...

 A recent article penned by Mike King in the daily Nation Newspaper reported that Kirk Edwards, a former batsman for Barbados and the West Indies, received an out of court settlement from his former employer, The Barbados Cricket Association (BCA) for breach of contract and related losses for $226,137. The settlement stemmed from an incident that occurred in 2014. It was an unfortunate incident which took approximately (8) years to settle.  Edwards, 37, is a right-handed batsman and a right-arm medium bowler. He has represented Barbados and the West Indies in cricket. He played club cricket in Barbados for Maple Cricket Club, where he served as team captain during the 2009 Twenty20 Club Champions League competition in Trinidad. He joined the Wanderers Cricket Club in 2010 and made his Test debut for the West Indies against India at Windsor Park in Dominica in July 2011. A conflict arose between Edwards and the BCA in 2014, when he refused to sign for match kits as he was not i...

 More than 7 years after he was dismissed from the Barbados Workers Union, Mr. Christopher Jordan is yet to find out if his claim of unfair dismissal will be successful. At present he is awaiting a decision from the Employment Rights Tribunal (ERT). Mr. Jordan is being represented by Mr. Caswell Franklyn, while the BWU has a team of about three lawyers as well as the support of the current and a past GS.  Seven years is a long time to wait for anything, and one must first ask why it has taken this long. This long wait is becoming the norm in our judicial system and this case is yet another example of the slow pace at which the wheels of justice grind in Barbados. The Attorney General complained in 2020 about this untenable situation where dismissed employees had to wait years before conciliation meetings could be convened by the labour department. At that time there was a backlog of over 3000 cases. In response to the concern outlined by the AG, The Labour Minister said he was...

  Company Loses $540 Million Because Employee Opened PDF - YouTube

  This is an interesting case which demonstrates a clear lack of knowledge and understanding by the employer about the Employment Rights Act 2012.   The company failed to follow the correct process as required by the ERT. It was operating in the past using very archaic approaches. The facts of the case are as follows: 1.        Mr. Bent was employed by Jada Builders Inc as a Quantity Surveyor for a monthly salary of $10,200. 2.        He was one of two black local employees in the Commercial Department, the other two employees being white expatriates. Their salaries are unknown. 3.        On 8 February 2019, Mr. Bent was summoned to a meeting at which the Commercial Manager, the Chief Personnel Officer and the Human Resources Manager were present. The company asked him to take time off the job without pay because business was slow.   4.        ...