Workers reminded of rights under ERA

Veteran trade unionist Wayne Walrond has reminded workers that they have a right to challenge their employer if they have been unfairly dismissed from their job.

The Deputy General Secretary of the National Union of Public Workers (NUPW) said the Employment Rights Act (ERA) clearly outlines that an employee has the right not to be unfairly dismissed, having been employed continuously for at least a year.

Making a presentation on the ERA during a webinar for public workers hosted by the union on Wednesday, Walrond said an employee may make a complaint to the tribunal within three months of the termination on the grounds that they were unfairly dismissed.

“This period can be extended by the tribunal. The employee must indicate whether he wishes the tribunal to make an order for re-instatement, or re-engagement with consideration to restoring earnings and benefits lost during the period of termination. Alternatively, the tribunal shall make an award of compensation of unfair dismissal. Particulars shall be issued to the employee on re-engagement or re-instatement. Monies paid to the employee shall be factored in re-instatement. Not more than 52 weeks is awarded,” Walrond said.

The trade unionist also indicated that determination on whether the dismissal is fair or unfair is based on the employer showing the reason, or if more than one, the principal reason for firing the worker.

He said, according to Section 29 of the Act, an employer has the right to dismiss an employee if the reason relates to the capability of the employee to perform the work they were hired to do, the conduct of the employee, redundancy, or the employee could not continue to work in the position which they held based on restriction imposed by law.

As it relates to disputes and settlements, Walrond said where an employee believes that there is an infringement of their rights under the act, they may present a complaint to the Chief Labour Officer.

He further explained the act allows for a trade union or another representative group on behalf of the employee to make the complaint to the Chief Labour Officer who is expected to look into the matter and seek to have it settled.

According to Walrond, where the Chief Labour Officer is unable to have the complaint resolved after 42 days, he must make a report to the tribunal.

He said disciplinary action must be applied progressively in relation to a breach of discipline and an employee should not be dismissed for the first breach except in the case of gross misconduct.

In relation to breaches of discipline not amounting to gross misconduct, an employee should be warned and given reasonable opportunity to make correction, or given oral or written warnings, or both, before stronger forms of disciplinary action are implemented.

“The NUPW finds it important that both the employee and employer know the Employment Rights Act so there will be no breaching of any aspect of it like treating employees unfairly and dismissing them unfairly. There is a responsibility for both employers and employees to follow the process.

“The union, from experience, finds that where employers adopt a management style that is fair, transparent and professional, it tends to promote good labour management relations and also workers are more motivated to carry out their jobs,” he said. (AH)