Caswell Franklyn is refusing to back down from his tough stance on the severance crisis affecting hotel workers, even in the face of stinging attacks and stern warnings from the highest offices in the land.
During the Monday edition of VOB’s Down-to-Brass-Tacks programme, the Opposition Senator held firm to his belief that temporary changes to the Severance Payments Act made earlier this year are allowing unscrupulous hoteliers to escape their responsibilities, while forcing taxpayers to shoulder the burden of severance payments.
In fact, the union leader is challenging Prime Minister Mia Mottley, National Insurance Scheme (NIS) Chairman Leslie Haynes Q.C. and any other detractors to explain the basis upon which they intend to recoup potentially millions in severance payments from hoteliers who have opted to send home their employees.
“The new chairman said they will use every conceivable effort to recoup the funds with great dispatch. I wish him luck, because they started wrong and they will end wrong. They cannot recoup a single cent from any employer because they do not have a judicial decision to enforce,” Franklyn explained.
He was reacting to news emerging from a press conference on Saturday at which Haynes promised financial relief to approximately 150 former employees of The Club Barbados Resort and Spa, who last week demanded answers after their employer reneged on a promise to pay severance in full.
While the NIS Chairman has promised to have the monies delivered before the end of the month, he also pledged to recover the severance payout from employers when they were back on their feet. This was supported by Prime Minister Mottley, who stressed that in the meantime, workers ought not to be disadvantaged as a result of the “wickedness of one or two employers”.
Franklyn however argued that there is no basis upon which the employers could be forced to reimburse the NIS and questioned whether the government intended to dip directly into the scheme instead of using the severance fund as is customary.
“The NIS is delegated to function for the minister in severance payments matters, but [severance payments] are not issued by the NIS. So the two funds cannot be commingled, I just want the chairman to know that,” Franklyn warned.
“So if you are taking up money from the National Insurance and paying them, then you are taking up everybody’s pension money. The money must come from the severance fund, and if the Government does not have enough money in the severance fund… they can’t go now and take up people’s pension money and use the NIS money again,” Franklyn warned.
Mottley, during Saturday’s press conference, also slammed continued suggestions from Franklyn that sunset legislation had left workers out to dry as she cited previous explanations from the Chief Labour Officer and other Government officials.
The Prime Minister, however, offered no alternative explanation, interpretation or counter argument to Franklyn’s belief that the temporary amendment to the law had stripped the Employment Rights Tribunal of its power to rule on matters of severance between February and June this year.
“I ask the media now, to stop trifling with the emotions of the workers by carrying a position that continues to be false,” urged the PM.
Seemingly unaffected by Mottley’s warnings, Franklyn maintained his position on the legislation as he has done repeatedly since it was enacted. (KS)
