Tougher tribunal

Chairman of the Employment Rights Tribunal (ERT) retired Justice Christopher Blackman has called on Government to give the body more power to deal with employers who refuse to comply with its rulings, even as a trade union official lamented that the ERT has fallen short of its mandate.

Speaking at an Access to Labour Justice: Evaluation and Strengthening of the Employment Rights Tribunal workshop on Tuesday, Barbados Workers’ Union Legal Officer Kamisha Benjamin said although the aim of the tribunal was welcomed, as workers needed to be protected against unfair employment practices, the ERT’s supporting framework needed an overhaul.

“The Barbados Workers’ Union firmly believes in the maxim that justice delayed is, in fact, justice denied…. A lot of workers in this island are denied justice because of systemic delays. When the Employment Rights Act was first conceptualised, the Barbados Workers’ Union as a stakeholder raised concerns in an effort to ensure that there will be legislation that would give workers more and better justice.

Kamisha Benjamin

“The reality, however, is that since the Act’s enforcement, justice has been very [delayed]. I don’t think this is a contentious point at all because the statistics support my submission.”

Benjamin added that there is a need for rules and regulations to govern the ERT.

“The aim was for laypersons to access justice but the lack of guidelines causes confusion and in some cases uncertainty, which results in individuals seeking representation after all,” she contended.

“There is also a desperate need, in the Barbados Workers’ Union view, for legislative intervention and reform.”

However, defending the ERT, Justice Blackman said the tribunal’s powers needed to be bolstered to help keep employers in check.

“Some employers, particularly those in a certain sector, are notorious for not paying awards even when there has been no appeal against the decision. I hold the view that awards from the tribunal are of a different [kind] than a judgement of the court for an accident or other tort.

“As a consequence, we should have the same consequence as unpaid VAT [Value Added Tax], land tax or water rates, particularly for persons who do business with the Government…. When they tender for government business, they should be required to produce a certificate that awards from the tribunal have been met and discharged,” the retired judge said.    

He said another issue of concern to the tribunal was “the opaque nature of employment in the hospitality sector”.

“Some employees in that industry, particularly those who work in villas or other properties, are not always sure who their employer is, given the use of service companies who interface with the villa owners and their staff,” Justice Blackman said as he called for more attention to be paid to that sector.

Responding to the concerns, Minister of Labour Colin Jordan assured the situation was being addressed.

“I am pleased to tell you that right now there are drafting instructions before the Chief Parliamentary Counsel’s Office that address the revision of the labour clauses in the Public Contracts Act…. Those amendments are designed to make sure that persons and businesses who owe government, who owe people, do not benefit from contracts that are funded by people of this country.

“I wanted that amended particularly out of a personal experience when I sat some years ago on the National Insurance Board and recognised that the Act, as it is currently constructed, does not really have the teeth that we think it has just based on its title.”

(shamarblunt@barbadostoday.bb)