‘Give workers legal aid to fight vaccine bullying’

Marginalized employees being bullied by their employers to take the COVID-19 vaccine should be afforded the facility to take legal action.

That is the view of Queen’s Counsel Michael Lashley, who believes some bosses are using the pandemic as a way to infringe on the rights of workers.

Lashley argued that many of those workers being disadvantaged could not afford to pay an attorney-at-law and therefore, remained silent.

He called for Government to pass legislation that would allow those classes of workers to access the services of Legal Aid , just as the service is offered in criminal matters.

Even though Government and the Social Partnership are still in ongoing discussions in relation to employees’ rights in the workplace and the issue of mandatory vaccines, some employers have gone ahead and mandated workers to get vaccinated or pay for weekly PCR tests.

“I am anxiously watching the industrial climate in Barbados as it relates to the many issues affecting the relationship between the employer and employee during this pandemic. The fact that some employers, particularly in the private sector, are either trying to force employees or mandate that said employees be vaccinated while others are using varying methods to fire or suspend unvaccinated employees should be of paramount concern.

“I think it is high time that those vulnerable employees who cannot afford legal representation be put in a position to protect and assert their rights. It is my opinion that the time is right for us to amend the Legal Aid Act to allow these vulnerable and sometimes marginalized employees to receive legal representation through a community Legal Services Act,” Lashley pointed out.

The Q.C. said non-unionized workers would benefit greatly from such an initiative as they were the ones who were suffering the most.

“I must highlight the fact that non-unionized workers in the majority of cases cannot afford legal representation or sometimes do not know their rights as employees, as compared to many employers who can afford a high-priced lawyer. A fired or suspended employee who is not unionized, in most cases, is a man of straw.

“When someone in Barbados is charged with rape or murder that person is entitled to a lawyer through the Legal Aid Scheme. Governments in the past have passed legislation which protected the rights of workers. I believe that this proposed amendment will guarantee further protection for the workers. It is strange that our Legal Aid Act does not cover employment matters or eviction matters. These matters affect the most vulnerable persons of our population. I am of the view that such an act, is now more so needed during this COVID-19 pandemic,” Lashley maintained.
(randybennett@barbadostoday.bb)