The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The Chamber of Commerce’s labour specialist yesterday urged all Bahamian employers to “follow the law” and not force unvaccinated workers to pay for their weekly COVID tests until the matter was resolved.

Peter Goudie told Tribune Business that companies should wait for the outcome of a Supreme Court case that will set legal precedent on the issue as well as for the Government to state its own position on the issue.

Speaking as Keith Bell, minister of labour and Immigration, said Atlantis had agreed to hold-off temporarily on requiring its unvaccinated staff to pay $16.50 per week for a COVID rapid antigen test with effect from today, Mr Goudie said: “The Chamber’s position is that we follow the law.

“If the law says we cannot charge them, then you cannot charge them. I know some of them have been charging their employees, but there is going to be a court case over it. We’re just waiting on the court case.”

Mr Goudie could provide no details on the legal action, including the parties that were involved, although he reaffirmed he had been told one was in process. “I do know there’s a court case dealing with this particular issue. That’s my understanding,” he added. “We would hope it gets to court quickly, so there won’t be any issues, but you and I know how slowly the system works.

“I don’t think employers should be charging it. There’s a section in the Health and Safety at Work Act that says you cannot be charging. If there’s something in there that says you cannot charge, you should not be charging.”

Those opposed to employers mandating that unvaccinated employees pay for their weekly COVID tests have grounded their opposition in the Health and Safety at Work Act, which forbids employers from imposing any financial “levy” on staff to ensure they comply with this law’s stipulations. The Act’s section nine effectively bars companies from requiring non-vaccinated staff to pay for COVID-19 tests out of their own salaries.

The section states that “no employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any of the provisions of this Act”. While employers can still require non-vaccinated worker to take regular tests, the law seemingly requires the company - and not the employee - to cover the costs associated with this.

However, employers are arguing that they have little choice but to take this approach given their legal obligation under the same Act to ensure their workplaces are healthy and safe for employees, customers and guests alike. This is especially so given The Bahamas’ relatively low vaccination rates, with companies believing workers are more likely to become inoculated if they have to pay for their weekly tests.

Mr Bell yesterday said he and the Department of Labour are now awaiting legal advice from the Attorney General’s Office on the matter, but Darrin Woods, the Bahamas Hotel, Catering and Allied Workers Union (BHCAWU) president, told this newspaper he wanted the issue resolved “sooner rather than later” for his members’ benefit.

“Holding off is fine,” he added of Atlantis’ response, “but I want resolution of it. I want to know whether what they’re doing or other employers are doing is breaking the law. The minister said he was getting advice from the Attorney General’s Office and then act accordingly, but this is the second time we’ve reached the same point.

“First it was September, now it’s October. We want resolution either way. We just need to know because we maintain that the employees should not be made to pay the cost of the test. I’m calling it another tax by the employer on to the employee.”

Mr Woods said the uncertainty was adding to hotel workers’ mental strain amid COVID-19, while Atlantis’ timing was occurring right in the middle of tourism’s traditional slow season when staff were working reduced days and taking home less income. He added that some Atlantis staff were yesterday experiencing difficulties using the website that facilitated the testing.

The controversy flared anew after Audrey Oswell, Atlantis’ president and managing director, told staff in a September 29 letter that all unvaccinated workers will be “financially responsible” for paying for their weekly $16.50 rapid antigen test with effect from today - a start that has now been placed on hold.

Asserting that the Paradise Island mega resort was following other Bahamian companies “in putting the community’s health and the economy first”, Ms Oswell said Atlantis will cease encouraging COVID-19 testing as an alternative to vaccination.

Pointing out that “a COVID-free Bahamas” is the only way for the economy and tourism industry “to thrive again”, she wrote: “Some of you have decided not to get vaccinated and instead participate in weekly testing to ensure you are healthy on the job. As we have shared since July, Atlantis will not pay the cost of testing indefinitely. We also will not continue to encourage testing as an alternative to vaccination.

“Effective October 1, 2021, Atlantis joins many other Bahamian companies in requiring team members who are not vaccinated to be financially responsible for their weekly rapid antigen test. We have secured a highly discounted rate of $16.50 a week for unvaccinated team members to receive this test.”

Describing “a shared responsibility” for keeping staff members, Atlantis and the wider Bahamas free from COVID-19, Ms Oswell concluded: “This issue is more significant than any one individual or Atlantis – it impacts our family, friends, neighbours and the industry.

“Atlantis is proud to join with a growing number of Bahamas-based and international companies in taking the same approach in putting the community’s health and the economy first.”