The Tribune

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

Labour laws in the Bahamas are not specific enough when compared to other Caribbean jurisdictions, a trade union leader asserted yesterday.

Speaking with Tribune Business following a press conference to highlight issues affecting three unions under the Trade Union Congress (TUC) umbrella, its president, Obie Ferguson, said countries such as Trinidad have labour laws that are far more specific, limiting confusion.

“One of the major problems that we have in our labour set-up is a lack of specificity,” Mr Ferguson said. “For example, in Trinidad there is a timeline to have a dispute heard. Where there is a general dispute, which is normally over the terms and conditions of employment, there is a fast track process for that to go to a tribunal.

“In our system we have no such mechanism for fast tracking an issue that involves, say 600 or 700 workers. It is treated like a regular dispute. That creates a bottleneck, it creates frustration and confusion, and leads to exactly where we are at today.”

Mr Ferguson added: “On the expiration of an industrial agreement, in Trinidad for example, those terms and conditions statutorily remain. What you saw happen at the Wyndham is a clear example that there is no industrial agreement; therefore the employer can do exactly what he wants to do.”

Mr Ferguson reiterated that the Industrial Tribunal was too weak, adding that across the Caribbean, Industrial Tribunals have the same powers of a Supreme Court.

“Our problem is that the Tribunal is very weak. It cannot enforce its own judgment. Across the Caribbean they have a different set-up. The industrial court is on the same level of the Supreme Court,” said Mr Ferguson.

On the issue of redundancies, Mr Ferguson said: “What we have is a scheme that is regressive. If you work for a company for 30 years, you are paid the same as someone who worked for 12 years.

“It’s two weeks up to a maximum of of 26 weeks, it’s four weeks up to a maximum of 48 weeks, and 48 weeks is 12 years. In the Caribbean it is different, and it should be, because if you work for me for 30 years and the other guy works for 12 years, I would think the guy who works for 30 would get more.

“Even the definition of wage is different. We restrict it to basic pay. In the Caribbean wages include all forms of renumeration.”