A local trade union leader is demanding the resignation of Chief Labour Officer Victor Felix over an industrial relations dispute involving a Cabinet minister.
Head of the Unity Trade Union Senator Caswell Franklyn is accusing Felix of failing to refer to the Employment Rights Tribunal, a complaint of unfair dismissal he made to him since last year on behalf of a client.
Franklyn, an Opposition Senator, told Barbados TODAY this morning that he had filed the complaint sometime in June last year claiming that his client, who had been employed by the Minister when he was in private practice, was fired without receiving pay owed to her, after her former boss was sworn into office following the May 24 General Elections.
“Felix has failed to do his job. He should go,” insisted the outspoken legislator.
He disclosed that he will also be making a complaint to Minister of Labour and Social Partnership Colin Jordan, regarding the conduct of the Chief Labour Officer.
Not only that, Franklyn told Barbados TODAY his client was planning to take Felix to court, but that the only thing standing in her way was a lack of funds to hire a lawyer.
However, in his defence, the Chief Labour Officer was adamant he had done nothing wrong in the handling of the complaint by Franklyn and his client.
“I am doing the work of the Labour Department in the best manner that I know how, and that I will continue to do,” Felix told Barbados TODAY this morning.
Pressed to specify if he had refused to refer the matter to the Employment Rights Tribunal, he replied:”Needless to say, there are matters before the Chief Labour Officer; and we continue to deal with them, using the process we have been using within the labour department to deal with matters.”
Asked to state categorically whether or not he had refused to refer the complaint, Felix stuck to his story.
“I would say that we are following the process.”
When reminded that the case was filed since last year, his response was: “Well, we are following the process. We have a procedure for dealing with issues and we follow that procedure,” Felix emphasized.
But Senator Franklyn is not buying Felix’s argument and has told Barbados TODAY that the same procedure to which the Chief Labour Officer refers has been contravened by him.
He referred to Section 44 (1) of the Employment Rights Act which states: “Where the Chief Labour Officer is unable, within 42 days of the making of a complaint, except in extenuating circumstances, to effect settlement of the complaint under Section 43, he shall make a report to that effect to the Tribunal.”
Barbados TODAY checked the Act and also found that Section 42 (1) said that where an employee believes there is a dispute concerning infringement of any right conferred on him by the Act, he may present a complaint to the Chief Labour Officer.
And according to Section 43 (1) where the Chief Labour Officer receives a complaint under Section 42, he shall as soon as practicable enquire into the matter and process the complaint for conciliation and referral to the Tribunal.
Senator Franklyn noted that nearly a year has gone since the complaint was filed and “there are no extenuating circumstances. The Minister is not in hospital or anything like that…and still the matter has not been referred to the Tribunal. I have written him (the Minister) and he has refused to respond. There can’t be one law for a minister and another for ordinary citizens.”
When contacted, neither the Cabinet Minister implicated in the dispute nor Minister Jordan was available for comment. [email protected]
Does this Minister have a name.
Caswell Franklyn is a fake opposition in he Upper House. Just trying to ensure his daily living, hoping to build his one-man administered show union.
Jesus is Lord
Not Bout Hey
This BLP Minister trying hard to make sure BLP is one Turn Government
This don’t look good Mia Cares, Mek thee Minister pay thee woman
Not Bout hey
Caswell WILL NOT name the Minister, because Caswell really is a BEE in sheep’s clothing. No doubt about that. But if the DLP Administration was in office, the Minister’s name would be all over the place, even on billboards.
“”Pressed to specify if he had refused to refer the matter to the Employment Rights Tribunal, he replied:”Needless to say, there are matters before the Chief Labour Officer; and we continue to deal with them, using the process we have been using within the labour department to deal with matters.”””
In other words:NO.
Is he suffering from BARBADOS LABOUR PARTY GOVT. FRIEGHT????
Looks like the chief is afraid of MAM.
JOHNNY deal with the message. Who do you think is telling the truth? I wonder why the opposition senator did not call the name of the minister.
Ah who dis BLP Minister is I want to Know
Caswell wuh de Minister Name???????
We had a BLP Minister wid a Shoe shop who refuse to pay NIS for the staff
We Know the Former DLP MP who fired the Office assistant and Mama Mia had to intervene
Will Mama Intervene here as well
Only Jah Knows
The Country wants to know who thee Minister Name
According to section 42 & 43 this CLO is not doing his part. All he can say is “we are following the process”. so it takes 11 months to complete the process which still has not been touched by you, give me a break! By the way what is the name of the minister Franklyn, is it because he is BLP that the name can’t be published?
De man looking fuh some money to move the case forward faster than the usual molasses pace things get done in Barbados.
First world Barbados – making Barbados the preferred business center of the Caribbean. LOL!
WAIT: THE DLP STILL IN POWER?. I am absolutely certain that if that was a DLP minister, his name would be on the front pages of all the dailies, including BT. I believe the story is a true one. Weather Caswell is a B or not. That has nothing to do with it.
i am surprised i havent seen carl/liz or hapless harry jump in on this one…wait they cant say blame the crooked dlp….