‘Cordial talks’

The unfair dismissal case brought by former General Secretary of the National Union of Public Workers (NUPW) Roslyn Smith last July, against the organisation she served for 47 years, has begun in earnest.

This morning NUPW president Akanni McDowall told Barbados TODAY that both sides met with the Labour Department on September 20, and presented their case.

The union leader made it clear that he was not going into details about the mediation effort, but noted that there were “interesting points” raised in the meeting.

“We met at the Labour Department on the 20th of September and those discussions were cordial. Sister Smith brought her representatives and we put forward our case and there were some interesting points made during the meeting, but sufficed to say that those discussions will continue and once we have a conclusion to the matter we will be able to report to the public in a more fulsome manner,” said McDowall.

He further revealed that the matter would reconvene next week and that he was hopeful that it would come to a conclusion in a speedy fashion.

Some five days after the NUPW officially announced her retirement, 65-year-old Smith alleged unfair dismissal, claiming $490,613.83 in compensation. This was confirmed by a letter written by General Secretary of the Unity Trade Union (UTU) Senator Caswell Franklyn to the Chief Labour Officer on behalf of Smith.

Akanni McDowall and Roslyn Smith

In that letter, a copy of which has been obtained by Barbados TODAY, the money is broken down as $405,139.35 as a basic award according to the Fifth Schedule of the Employment Rights Act; $38,000.13 as pay in lieu, based on Section 22 of the law and $47,474.35 for 95 days’ vacation pay. Franklyn’s letter informed the Chief Labour Officer that the matter was now being referred to him in accordance with Section 42 of the Employment Rights Act and in compliance with Section 2 of the same legislation as amended.

Section 42 states: “Where an employee believes that there is a dispute or issue concerning an infringement of any right or benefit conferred on him by this Act, or under the provisions of any other enactment dealing with employment standards or other employment rights, he may make a complaint in writing to the Chief Labour Officer.”

However, when pressed on whether he believes that mediation efforts would yield a settlement, McDowall would only state that negotiations were at a sensitive stage and therefore to speak on where he believes the discussions are leaning, would be to pre-empt the process. He only noted that this is a saga which the union would like to put behind them.

“We are going to be meeting again on October 11. We are not going to speak much on what has happened or what we expect would happen. The union has a policy that once we are negotiating, we keep things under wraps until negotiations have been completed. Of course, the union is going to want to have this matter come to a conclusion as soon as possible.

When contacted this afternoon by Barbados TODAY, Smith declined to comment on the matter, but her acting successor Delcia Burke held out some hope of a resolution.

“Yes. I would think so. Anybody would be hopeful. I would like one…we would like one. Whether one will come or not that is a different matter,” Burke told Barbados TODAY.

Smith’s industrial relations representative expressed similar sentiments.

“I am hopeful too, but it depends on what it (the proposed settlement) involves,” Senator Franklyn stated this afternoon.

colvillemounsey@barbadostoday.bb

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