The Tribune

• Union chief: Staff ‘complaining bitterly’ on having to pay

• Resort says ‘nothing changed, all unvaccinated must pay’

• Contradicts minister’s assertion it had agreed to ‘hold off’

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The hotel union’s president yesterday said “there are a lot of unhappy campers on Paradise Island” after Atlantis followed through on plans to make unvaccinated staff pay for weekly COVID tests.

Darrin Woods, the Bahamas Hotel, Catering and Allied Workers (BHCAWU) chief, told Tribune Business that his members and other employees at the resort were “complaining bitterly” about having to pay for their rapid antigen tests after the resort seemingly did not “hold off” as suggested by Cabinet ministers last week.

This was confirmed by an Atlantis spokesperson, who told this newspaper in an e-mailed statement: “Atlantis has not changed its stance as it relates to non-vaccinated team members. As of October 1, all non-vaccinated team members are now financially responsible for their rapid antigen test.”

This directly contradicts the position outlined by Keith Bell, minister of labour and Immigration, last Thursday when he told the media that Atlantis had agreed to “hold off” on implementing the policy outlined by Audrey Oswell, its president and managing director, in her letter to all employees on September 29.

Tribune Business was also yesterday shown what appeared to be a video clip of Mr Bell, outside Cabinet ahead of its weekly Tuesday meeting, telling reporters that Prime Minister Philip Davis had met with top Atlantis executives yesterday morning.

Mr Bell, who indicated he was present, declined to detail what was discussed  as he did not wish to “pre-empt” the Prime Minister ahead of Cabinet discussions. Besides last week saying that Atlantis had agreed to “hold off”, the minister added that legal advice was also being awaited from the Attorney General’s Office on whether employers could mandate unvaccinated staff pay.

No formal government position on the latest Atlantis developments was forthcoming last night, with newly-reappointed director of labour, Robert Farquharson, unable to be reached for comment before press time despite numerous phone calls and e-mails.

Similarly, Mr Woods said he had been lead to believe a statement was to be issued after the Cabinet meeting ended. “I’ve been trying to get the minister all day,” he added. “People are complaining bitterly at having to pay for this test.

“There are a lot of unhappy campers on Paradise Island. I have not been able to speak to the minister since Friday, but apparently they’re [the resort] going ahead with making people pay for this test from yesterday [Monday].

“I have not got any clear indication of what is going on here. The people are very unhappy. I’m almost believing it happened at the weekend. It’s only affecting those people whose tests had started expiring on Saturday and Sunday and so forth.”

Atlantis and other employers are arguing that they have little choice but to make unvaccinated staff pay for their weekly COVID tests as they have a responsibility to ensure a safe environment for guests, customers and staff, and simply cannot carry the financial burden any longer given the relatively strong vaccine hesitancy in The Bahamas.

Making unvaccinated staff pay for their weekly tests is also being viewed as an incentive for them to become inoculated, but trade unionists are countering that such a policy is illegal because the Health and Safety at Work Act’s section nine forbids Bahamian employers from imposing any financial “levy” on staff to ensure they comply with this law’s stipulations.

This is viewed by labour activists as barring companies from requiring non-vaccinated staff to pay for COVID-19 tests out of their own salaries, and Mr Farquharson has previously gone on record as sharing the same views.

Obie Ferguson, the Trades Union Congress (TUC) president, told Tribune Business that he had already received two phone calls requesting legal representation over the matter. “If they decide to do that, it becomes a legal issue,” he said of Atlantis’ decision to forge ahead with its testing payment policy.

“Under the Health and Safety at Work Act, there is an obligation - a legal obligation - imposed on every employer to make their workplace safe for those in their employ. Therefore, any cost associated with that would have to be absorbed by the employer.

“I would invite them [Atlantis] to reconsider that at this point in time. I’ve had two individuals call me concerning it, and I will look into it to see what the best way to go about it and avoid litigation is because litigation can be very expensive.”

Labour representatives have also argued that making unvaccinated staff pay for their weekly COVID tests would amount to an illegal arbitrary, unilateral variation of employee working terms and conditions, while also potentially pushing minimum wage workers below the legal take-home limit if they have to use their salaries to cover testing costs.

“That creates a serious, serious hardship for the minimum wage worker on $210 per week,” Mr Ferguson argued. “It’s very difficult for the minimum wage worker to be able to absorb that cost and be able to take home any money that would be sufficient to at least keep their family afloat. The company should revisit it.”

Peter Goudie, the Chamber of Commerce’s labour specialist, yesterday voiced surprise that Atlantis was persisting with its policy given the group’s advice that all employers must follow the law.

“Nothing has changed with us,” he added. “I find it a little surprising that they would go ahead after the minister said they would pull back.”

The testing controversy flared anew last week 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.”