Peter Earle's WorkPlace Conflicts Blog

Former Senator and esteemed Employment Law Specialist, Caswell Franklyn, who serves as the General Secretary of the Unity Workers Union, recently sparked controversy by publicly challenging the Barbados Employers’ Confederation (BEC) regarding their interpretation of the Shop's Act. Franklyn's critique was prompted by his appearance on the Marcia Weekes Show, where he discussed the Act and received feedback from concerned individuals about an article published by the BEC. The article, which purportedly offered guidance to its members, stated that Supervisors and Managers should not be considered shop assistants under the Act, effectively exempting them from its provisions. This interpretation, according to Franklyn, directly contradicted the law. He cited Section 2 of the Shop’s Act, which explicitly defines a shop assistant as any individual involved in shop operations related to sales or business activities, including clerical work. Arguing passionately, Franklyn contended th...

The current unrest at the Barbados Revenue Authority (BRA) has shed light on a brewing conflict between management and the Unity Workers’ Union (UWU), which claims to represent the majority of BRA employees. This claim was confirmed by the Chief Labour Officer after carrying out a survey at BRA a few weeks ago. Reports indicate that yesterday (Wednesday 13th March 2024), more than 50 BRA staffers, under the leadership of UWU General Secretary, Caswell Franklyn, took to the BRA Office at the Pine to protest against what they perceive as unfair treatment and a lack of recognition from management. Despite UWU's assertion of having over 107 members paying dues, the BRA has refused to recognize them as the collective bargaining agent, citing insufficient membership numbers. This discrepancy raises questions about the fairness and consistency of recognition practices at the BRA, especially considering that other unions with reportedly fewer members, such as the National Union of Public W...

In the aftermath of the recent arrests of two KFC employees, the Barbados Workers' Union (BWU) made swift denunciations, asserting the arrests were illegal and unjust. Venting their frustration on social media platforms, the BWU alleged that the employees had faced unfair termination by KFC prior to their arrest. According to the Deputy Director of the BWU, the union received information indicating that the two employees were instructed by the company to collect their final wages, national insurance certificates, and return their uniforms. However, upon their arrival, they were unexpectedly apprehended by police officers and escorted to the District A Police Station. In a video statement, a BWU Officer addressed the unfolding situation, emphasizing the union's steadfast commitment to fairness and justice. "We are a responsible institution," they declared, "and just as we do not condone unfair or illegal practices from employers, we equally denounce illegal practi...

  Last week, Antigua and Barbuda Prime Minister Gaston Alfonso Browne said that concerned had been raised about the method used to send the President of the Barbados-based Caribbean Development Bank (CDB), Dr Hyginus “Gene” Leon, on administrative leave since January 2024. Browne was at the time participating in the 46th regular meeting of Caribbean Community (CARICOM) leaders, where the Chairman of CARICOM and President of Guyana, Dr. Mohamed Irfaan Ali, hinted at the discussions surrounding the Caribbean Development Bank (CDB) and the challenges facing the region. In an atmosphere charged with intrigue, the sudden administrative leave of Dr. Hyginus ‘Gene’ Leon, President of the Caribbean Development Bank (CDB), has sparked widespread curiosity and apprehension. The decision, made without apparent consultation with the Board of Governors, has thrown the institution into the spotlight, prompting questions about transparency, accountability, and procedural fairness. Dr. Leon, ...

  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...