The Tribune

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

A former hotel union leadership contender says it is “not surprising” the Supreme Court ruled that the Meliá Nassau Beach Resort was not obligated to pay staff a 15 per cent gratuity for serving all-inclusive guests, and questioned what other benefits could potentially be in jeopardy.

Dave Beckford, a former Bahamas Hotel, Catering and Allied Workers Union (BHCAWU) shop steward, called on current executives to be “upfront” with its membership.

“My thoughts go out to the workers because they are the ones who are going to be affected. Financially, many of them are struggling to pay mortgages, rent and just to live. I’m not surprised at the ruling. The industrial agreement that is in place was never registered. What we have is a gentleman’s agreement, so there is no industrial  agreement  protecting the rights of workers,” Mr Beckford told Tribune Business.

Supreme Court Justice Roy Jones ruled that the hotel was not obligated to pay staff a 15 per cent gratuity for serving all-inclusive guests - something he said would amount to “a gratuitous giveaway”.

The Bahamas Hotel, Catering and Allied Workers Union (BHCAWU) had argued that Melia’s decision to place all-inclusive related gratuities into an escrow account, after the two sides were unable to agree a rate cut from 15 per cent to 8 per cent, had severely impacted members whose take-home pay was drastically reduced.

Justice Jones found that although the union had entered into a new collective bargaining agreement with the Bahamas Hotel Employers Association (BHEA) in 2003, that agreement was never registered under Section 49 of the Industrial Relations Act, meaning it was deemed to be ineffective in law.

The Melia, meanwhile, confirmed it was making provision to pay out the gratuities held in escrow to its staff, ensuring all received what was due following the  Supreme Court ruling.  

“The administration should have simply gone to the negotiating table, sa down and negotiated with the employers because, at the end of the day, the employers have the upper hand. It’s very sad because you don’t know what else is going to happen,” said Mr Beckford.

“From day one I said that this administration was grandstanding and should have gone to the table and negotiated. The employers had the upper hand from day one. I call on this administration to just be upfront with the workers because you don’t know what else the employers are going to do.

“There are some benefits like turkey, ham, bonus, birthday pay; all of these benefits are hanging in the balance. If the employer  decided that they want to cut back or take away some things, they can do it. The members need to wake up fast.”