#BTColumn – Employers’ missteps

Disclaimer: The views and opinions expressed by this author are their own and do not represent the official position of the Barbados Today Inc.

by Dennis De Peiza

Since the COVID-19 pandemic struck the face of the earth, the world has been thrown into a state of chaos and pandemonium which has had a devastating impact on societies.

Much attention has been placed on the recovery of economies and the rebuilding of societies. A fuller analysis of the existing situation would reveal that at the personal level, many scars have been experienced.

Although the focus is being placed squarely on the macro issues, there can be no overlooking the grave impact which the massive loss of human life, personal pain, agony, suffering and frustration many have encountered.

The wider global community has had to deal with the issue of the rising tide of unemployment.

Workers have had to cope with the displacement they have suffered.

Some have lost their jobs, others have had their hours of work significantly reduced and along with that, a reduction of their wage or salary.

A cause for concern is the unilateral approach being taken by some employers to alter the contract of employment of their employees, without any discussion with the employees or their trade union representative body.

This shows a lack of respect and disregard on the part of the employer for the collective bargaining agreement. It would seem that some employers have welcomed COVID-19 as it has given them the opportunity to flex their muscles, and to take what they determine as appropriate measures to trim their operational expenditures.

What seems to be emerging as a trend on the part of some employers is to engage in an unfair practice that is meant to help them to maintain a level of profitability in the short term and beyond.

The way they are going about it is morally wrong and basically makes for an untenable situation.

It is questionable as to what can be done about it. There are no laws on the statue books which can deny an employer, be it Government or the private sector, the right to reduce the staff complement of the organisation or enterprise, or to impose a penalty for having done so.

So where is the breach, if any, and what can be done about it? As it stands, the breach is in the failure to follow the process of consultation.

This process starts with the notice of intent to change the terms of agreement of the contract of engagement.

This is followed by an initial engagement with the workers and thereafter with their representative trade union body. The latter will apply where there is a bargaining unit and a collective agreement in place.

Where workers are non-unionised, it is expected that they are also treated fairly and so consultation between them and the employer is also required.

The ugly side of this comes when the employer undertakes to write a letter to his employees serving notice that with immediate effect, their 40 week work hours will be reduced and that their wages and salaries will be adjusted accordingly.

This is an unfortunate misstep by employers. Where this has been found to be the case, it ought to be immediately reported to the regulatory department in the Labour Department for investigation and appropriate action.

It is a matter of concern that workers are being mistreated by employers, on the basis that they have no contract of employment.

It would seem highly irregular that an employer would engage an employee for whom he pays National Insurance contributions, who works a 40-hour work week, has defined work hours and duties, and is entitled to annual vacation leave, is considered not to have a contract of employment.

It seems rather disturbing that employers who have engaged employees for a period in excess of twenty years or more, are still of the mind that these employees are not under a contract of employment and therefore remain subject to the employers’ arbitrary whims and fancies.

It is ludicrous to say the least, that an employer could suggest to those employees that they do not have a contract of employment, and considers them as casual employees.

As in the case of Barbados where an Employment Rights Act is in force, there can be no excuse or plea made by any employer regarding ignorance of the law.

Those who are found in breach should face the full force of the law.

Every employer must be made to comply with the provision of the Employment Rights Act, which requires that a Contract of Employment with its specific details, is provided to each employee.

Worker exploitation and abuse have been around for some time. Much of this has been stemmed by the vigilance of trade unions who have maintained pressure on the system, in an effort to ensure that the labour legislation, labour standards and best practices are there to inform and guide behaviours and actions.

It is imperative that all injustices which raise their ugly head in the system, must be tackled head on and as far as the law allows, so that they don’t grow out of control.

Dennis De Peiza is a Labour & Employee Relations Consultantat Regional Management Services Inc. website: www.regionalmanagement services.com