Judicial officer issues warning to employers

Magistrate Manila Renee is warning employers to respect requests for information from government officers.

“You cannot be disrespecting officers. Persons cannot be interfering with the work of the government. It affects us all. We are all busy, and when you do not cooperate as you should, it’s disrespect. Going forward, let us spread the word out there to respect the officers when they request (information),” she said while speaking to Henderson Gibbs of Bryan Road, Welchman Hall, St Thomas.

Gibbs appeared in the No. 2 District ‘A’ Magistrates’ Court on Thursday on behalf of himself and his company H & W Used Parts Incorporated, located at ‘Rose Ville’ Kensington New Road, St Michael.

He pleaded guilty to the charge that on February 16 and 22, 2023, he wilfully delayed the Chief Labour Officer (CLO), having failed to produce to Donna Best-Frederick, a person fully authorised by the CLO in the exercise of her power under Section 9 (3) of the Holiday with Pay Act, information regarding the wage records of former employee Shanice Estwick for the period of her employment March 2021 to January 4, 2023.

Gibbs was also charged that on January 4, 2023, being the employer of Estwick for the period March 2021 to January 4, 2023, he failed to pay the sum of $2 146.15 being the average pay owed to Estwick for the period of her employment.

Pointing out that the outstanding funds and an additional amount had been paid to the employee, State Counsel Eleazar Williams said the prosecution was discontinuing that matter.

Outlining that there was a small complement of officers to deal with the various labour issues occurring across the island, Deputy Chief Labour Officer Wayne Sobers urged the court to treat such matters seriously.

“We are often criticised very harshly in public for not attending to the public interest. But oftentimes, matters such as the one before the court help to delay and affect our ability to perform.

“The matter here is that this gentleman has not given us access to his records. What that means is that we spend so much time attending to matters that ought to be settled because all the labour legislation is quite clear about the employers’ obligation, not only to keep records but to produce them to the Chief Labour Officer on demand,” he said.

Pointing out that the department has several other matters of a similar nature before the court, Sobers stressed that a serious message had to be sent out to businesses.

“We certainly wish that a rather serious message will be sent to these employers so that they do not waste the State’s time and, therefore, allow us to better perform our duties to the public,” he said, adding that the matters of getting the records were causing “endless time and some degree of stress”.

In his defence, Gibbs said that the business had worked as “speedily” as it could to put the records together. He apologised.

“If you come back here again, it is going to be very different going forward,” Magistrate Renee warned before she reprimanded and discharged him.