Peter Earle's WorkPlace Conflicts Blog

  A recent employment tribunal in the UK has ruled that repeatedly misnaming an employee can be considered racial harassment. This case involves Viveak Taneja, a British Indian bathroom salesman, who was awarded £9,329.23 for injury to feelings due to race harassment by his sales director, Dana Davies. Case Overview Viveak Taneja was employed as an area sales manager for Phoenix Whirlpools in London starting in June 2021. In March 2022, Dana Davies was hired as the sales director. The two scheduled time together on March 21 and 22, 2022, for Davies to assess Taneja's capabilities and identify any necessary support. Taneja was to pick up Davies from King’s Cross at 8:45 am on March 21. However, Taneja arrived late due to having to do the school run, arriving around 9:05 am. This initial meeting set a negative tone for their interaction, with Davies becoming irritated by Taneja's lateness. During the car journey, Davies misnamed Taneja twice, calling him "Vikesh." Tanej...

  My research informs me that in Hong Kong, the termination of employment has long been governed by principles that emphasize the employer's right to end the employment relationship by providing notice or payment in lieu thereof, without the obligation to provide a reason. This legal framework, deeply rooted in statutes like Hong Kong's Employment Ordinance (Cap. 57), sharply contrasts with jurisdictions such as Barbados and the United Kingdom, where robust statutory protections against unfair dismissal are codified in laws like the Employment Rights Act 1996 and the Employment Rights Act 2012-09, respectively. Historically, Hong Kong's approach to employment termination has emphasized flexibility for employers, enabling efficient workforce management. In contrast to the UK and Barbados, where stringent criteria govern fair dismissal, Hong Kong law imposes minimal constraints on an employer's termination decisions, requiring adherence only to contractual and statutory o...

  Overview The Caribbean Court of Justice (CCJ) recently ruled on an appeal brought forward by the Barbados Defence Force (BDF) regarding the termination of Lieutenant David Anthony Harewood. The CCJ dismissed the appeal, affirming that the BDF was indeed in error when it terminated Lieutenant Harewood. Background on Charges: Lieutenant Harewood, a former commissioned officer in the Barbados Defence Force (BDF), was convicted by the Court Martial on June 4, 2019, for charges stemming from events in January 2018. These charges included failure to report a threat to Ordinary Seaman Marlon Scott's life and conducting unauthorized information-gathering operations, both considered violations of military conduct as per section 75 of the Defence Act Chapter 159. However, the Court of Appeal overturned this conviction on June 27, 2023, citing insufficient evidence presented by the prosecution to prove the existence of these offenses.  Interpretation of Section 75 of the Defence Act Th...

In today's issue of The Nation newspaper (5/27/2024), the editorial rightly directs attention to the urgent matters unfolding within the Barbados Revenue Authority (BRA), emphasizing the critical need for prompt resolution. The ongoing unrest and discontent among BRA staff signal deeper systemic issues that demand immediate attention. It's disconcerting to observe BRA's inadequate response to the legitimate grievances raised by the Unity Workers' Union (UWU). This reluctance to address concerns not only undermines employee morale but also tarnishes BRA's reputation and effectiveness as the primary revenue collection agency for the government. Furthermore, recent revelations suggesting favoritism in promotions and salary increases are deeply troubling. Such actions not only sow discord among employees but also contravene principles of fairness and meritocracy. The lack of opportunities for career advancement within BRA is demoralizing and ultimately counterprod...

An Extensive Examination of Recent Developments In the wake of Dr. Hyginus 'Gene' Leon's sudden resignation from the helm of the Caribbean Development Bank (CDB), a tangled web of legal disputes and institutional turmoil has engulfed the regional financial powerhouse. What began as a routine administrative leave in January has morphed into a high-stakes battle of allegations, procedural missteps, and escalating tensions between the former president and the CDB's leadership. Leon's bombshell resignation, announced through a legal missive dated April 21, sent shockwaves through the corridors of power, as he threatened legal action against the institution if an amicable separation agreement was not reached by May 4th. The letter, crafted by his legal team based in St. Lucia, painted a damning picture of the CDB's internal investigation, alleging a litany of irregularities and procedural breaches that fatally tainted the process. Central to Leon's grievances was...

  In a seismic upheaval that has rocked the very pillars of the Roman Catholic Church, Father Gerard Paul's suspension from priestly duties has ignited a firestorm of controversy and dissent, plunging congregations into a state of disbelief and introspection. On April 9, 2024, the announcement of Father Gerard Paul's suspension reverberated through the Cathedral of the Immaculate Conception and across media platforms, sparking debates and controversies within the Church. The decision, effective immediately, stemmed from a series of contentious remarks made by Father Paul regarding the situation in Gaza, coupled with persistent attacks on the Catholic Church and its leadership. Bishop Clyde Harvey, the Trinidadian prelate at the helm of the Grenadian diocese, took decisive action in response to what he described as Father Paul's "erroneous and divisive" behavior. While acknowledging that Father Paul's views on Gaza resonate with many, Bishop Harvey underscored ...