Local officials in the tourism and hospitality sector are being told not to see legislation as their enemy but simply as a tool to “protect the weaker from the stronger”.
This suggestion has come from Minister of Labour and former tourism professional Colin Jordan, who indicated on Wednesday that a review of the Employment Rights Act (ERA) was in the final stages and new rules were being prepared for the Employment Rights Tribunal.
He also reiterated that Government would be “going after” those employers in the tourism industry who are found to be in breach of the Severance Payments Act by reneging on severance payments to former employees.
Jordan was addressing the annual general meeting of the Barbados Hotel and Tourism Association (BHTA), held virtually.
Stressing that the tourism industry will remain “people-focused” and “people-centred”, Jordan cautioned employers to treat their workers with respect while ensuring that guests are treated to the highest level of hospitality.
Saying that employees also had a responsibility to uphold standards and that laws were not perfect, Jordan said he was aware that some employers perceive the law to be a little tough on them.
“We are talking about people’s lives, livelihoods and wellbeing. So whether it is legislation to address employment rights, sexual harassment, discrimination, severance pay, maternity leave, vacation leave or occupational safety and health, labour legislation is meant to bring equity and humanity to the relationship between employers and workers. That is something we as policymakers will never and can never apologise for,” said Jordan.
“Work is continuing to take place in order to review and improve the legislation of our statute books. We are currently in the final stages of reviewing the Employment Rights Act and preparing rules for the Employment Rights Tribunal. We have had representation over the years about areas that seem to be deficient where the Employment Rights Act is concerned. As a ministry, we are responding to that, and we have reviewed all the submissions made,” he reported.
Jordan said while his ministry had its own position based on the submissions, he will “shortly” be reporting to the social partners “on the way forward”.
He said the ERA has never contained rules for the operation of the Employment Rights Tribunal, and therefore the rules being put in place should improve its effectiveness and efficiency.
“As I have said in many places before . . . laws are only required to protect the weaker from the stronger, that is the only reason for laws. If there were no laws the default would be what some people refer to as ‘the law of the jungle’. That default is not an option where people’s lives, livelihood and wellbeing are concerned,” he said.
“Legislation does not hinder you from effectively and efficiently managing your business. It does not prevent you from putting effort into ensuring that you are hiring the right persons . . . I am very aware that all too often we hire the wrong people and then have to suffer through how to try make the adjustment,” said Jordan, who spent 25 years in the industry.
Pointing out that legislation also did not prevent businesses from using the probation period as intended and properly training and equipping team members, the minister said it also did not prohibit employers from properly rewarding their staff.
“Legislation does not stop employers from being responsible for severance payments in the unfortunate circumstance that they become due,” said Jordan.
“The Government will not leave workers to suffer. We will ensure that workers get what is theirs by law. The Government will also hold defaulting employers accountable and we will go after them for what is owed,” he warned, while indicating that he was recently assigned the responsibility for the National Insurance department.
On the matter of the ERA, Jordan said he was aware that there were some concerns among many employers that it places much emphasis on “due process and natural justice”.
However, he gave the assurance that the law was not intended to hamstring management, but to require that fairness be a part of the work environment.
Expressing confidence that the tourism and hospitality industry will rebound and remain the island’s main contributor to economic activities in years to come, Jordan stressed the need for those in the industry to continue to see their workers as their greatest asset. (MM)
