By NEIL HARTNELL
Tribune Business Editor
nhartnell@tribunemedia.net
Super Value’s newly-appointed president yesterday promised it will not make employees pay for weekly COVID-19 tests if this is deemed to violate the law.
Debra Symonette told Tribune Business that the 13-store chain, which also trades under the Quality Supermarkets brand, had yet to determine whether it would pay for these rapid antigen tests or if it would require unvaccinated staff to do so.
“This company hasn’t made a decision as to whether they’re [employees] are going to pay or not,” she affirmed. “What we’ve decided to do is wait until the end of September, which is the deadline given for employees to get vaccinated. We specifically said they’re going to have to take the test, but didn’t say they have to pay.
“That is when we will make them do the test, and decide whether to make them pay. Hopefully it will be cleared up by then because if it’s not lawful we won’t do that. The labour people said they are looking into it, so hopefully they will come back and let us know.”
Super Value earlier this week was revealed to have written to all employees informing them that if they were not vaccinated by September 30 they would have to take weekly rapid antigen tests to confirm they were free of the COVID-19 virus.
Mrs Symonette, in an August 26, 2021, memorandum wrote: “We estimate that less than 30 percent of our staff have been vaccinated, and we have set an ambitious goal to have all staff take their first shot by the end of August and be completely vaccinated by the end of September. In the interest of your safety and the interest of the company, our customers and the country, we expect your full cooperation.
“There is a new ‘Delta plus’ variant that spreads 60 percent faster and is more contagious than the (old) ‘Delta’ variant. In order to save your life, keep the economy going and avoid a permanent lock down, all employees should get vaccinated immediately.... After September any employee that is not completely vaccinated will have to take a negative test weekly.”
Tribune Business previously reported that the Health and Safety at Work Act 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.
Concerns have also been raised that requiring workers to pay for their own weekly tests amounts to unilaterally varying the terms and conditions of a worker’s employment, which is forbidden by law, while the $22.50 cost of a rapid antigen test could push minimum wage workers below the statutory minimum for $210 weekly take home pay if they - not the company - have to cover the cost.
While the National Tripartite Council, the body that deals with all labour-related matters in The Bahamas, met yesterday it did not come to a consensus position on whether employers can, or cannot, mandate that unvaccinated employees pay for their weekly COVID-19 tests from their own pockets.
Robert Farquharson, vice-chairman and chief operations officer for the Council, told Tribune Business: “We had a very good meeting today. We had an excellent discussion, and think we can come to a conclusion. We’ll reconvene and hopefully conclude it by then.”
However, Peter Goudie, the employers’ representative on the Council, was slightly less optimistic. “There was nothing decided. I’m just not sure what’s going to happen,” he said. “Nothing was decided today. All we did was review our plans for the future, of which we have plenty of projects.”
Mr Farquharson yesterday confirmed there has been “a significant increase” in inquiries from Bahamian workers as to whether their employers can require them to pay for weekly tests. Some of the largest Bahamian employers are the subject of these concerns, and he said he expected the issue to boil over into litigation “in the very near future”.
Atlantis warned unvaccinated staff will have to pay for a weekly rapid antigen test to confirm they are infection free with effect from September 1, while the University of The Bahamas has now mandated that anyone entering the school’s campuses and facilities must show proof of being fully vaccinated or present a negative COVID-19 rapid antigen test with effect from Monday.
Persons who are unvaccinated but seek entry to UoB’s campuses must have a rapid antigen test result taken within 72 hours. The university said this refers to faculty, students, staff, alumni, vendors and members of the public, and anyone seeking entry as of September 30 must show proof of full vaccination.
Darrin Woods, the Bahamas Hotel, Catering and Allied Workers Union (BHCAWU) president, previously told Tribune Business “the Government cannot sit idly by and let employers willy nilly” make testing mandatory for unvaccinated staff when it was its responsibility to enforce the Health and Safety at Work Act.
“There’s no requirement in law for someone to take a COVID test for employment,” he said. “If I am already employed with you, you cannot change my terms and conditions of employment without me agreeing to do so....They cannot use your job as leverage. That’s not somewhere for me to work, and you are causing me to work under duress.”
Comments
baclarke 3 years, 3 months ago
“There is a new ‘Delta plus’ variant that spreads 60 percent faster and is more contagious than the (old) ‘Delta’ variant. In order to save your life, keep the economy going and avoid a permanent lock down, all employees should get vaccinated immediately.... After September any employee that is not completely vaccinated will have to take a negative test weekly.”
LOL more stupidity. I agree (mostly) with the first sentence, but how does the first part of this translate to the second part? Will only testing the unvaccinated stop the virus from spreading? LOL stupidity.
ohdrap4 3 years, 3 months ago
Why should the vaccinated get a pass on tests?
Even symptomatic, they don't have to test?
That's ok. The election gonna teach them.
John 3 years, 3 months ago
The idiocy of idiots trying to force ineffective vaccines on people who don’t want them. Do you know that hospitalizations of vaccinated people to unvaccinated persons dropped from the much touted, but unreal 99% to 80% in just a matter of weeks? The vaccines are less effective against the Delta variants and now tend to wear off faster. Once they wear off, the vaccinated person is less protected than an unvaccinated person because his natural immune w remains suppressed ( by the vaccines). So the script, at this time, seems to be that vaccinated people must take booster shots every 6-8 months. And those people who have been working in those food stores since day one of the pandemic and didn’t get sick are now more immune to Covid than any vaccine or combination of vaccines can make them. Oxford, the makers of AstraGenica, tell you that. And if these booster shots have to be taken every 6-8 months as long as Covid is around, those jabs will not always be FreeBSD guess who will have to pay for them? And will they always be available? And if persons allow too much time to lapse between the vaccines and the booster shot, then they are not sure if the person will need just the booster or need to re-vaccinate ( two shots).
Emilio26 3 years, 3 months ago
Mr. John it seems like you're anti-science.
John 3 years, 3 months ago
Doctors, politicians and researchers are at odds as to the way forward with vaccines and booster shots. There’s also disagreement as to whether children under 12 or even 17 should be vaccinated. But the irrefutable conclusion is attempting to vaccinate everyone is wrong and not the right approach. Recovered people should not be vaccinated. The US who is most aggressively pushing vaccines now have FIVE times more new Covid cases than any other country. Vaccinated persons , especially those who don’t follow safety protocols, like mask wearing and social distancing because asymptotic super spreaders. And the concern is that a vaccine resistant strain of Covid may soon appear.
TalRussell 3 years, 3 months ago
Let's translate in layman's language - No court judge's order will be upheld by upper/highest courts. — mustin' an employer to reveal reason(s) for striking an employee from the employer's payroll. — The employer, does not need a just cause reason to fire you and have you escorted from the business premises. — Yes, your employer can also terminate you, simply cause they don’t like your backside. — Yes, indeed, with no just cause firings happen every single day across we 1200 Out Islands, Cays, and Inlets.
truetruebahamian 3 years, 3 months ago
He is a good man with fair vision, When I reopen - proof of full vaccination is going to be mandatory - or accept rejection. That's the way it is.
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carltonr61 3 years, 3 months ago
People with power just don't read or are following the G7 EU script blindly. CDC says vaccinated and unvaccinated could be Covid positive at any given moment. Judging by Israel a nation that follows minute details of both, data clearly shows that vaccinated persons spread Covid with each breath. The unvaccinated and Covid negative logically have no Covid in their bodies to spread unlike the vaccinated. The EU script also will follow with transsexual priests and the ability to declare one's sex. I will see if St. Francis Roman Catholic Priests will advise teachers to preach and demand sexual preference choice, the way they preach the eleventh Commandment of Moses to become vaccinated. A most stupid and dangerous vice as 5/6 of Catholics refuse to be guinnypigs now Holy Guinnypigs. Imagine vaccinated teachers spreading Covid to every student. How careless could the Alter Of God become. Salvation is with vaccines and fear, and God is dead. Live your neighbor get vaccinated then become like Israel on near lockdown among the vaccinated. The pulpit should never be a place to spread and sanctify outright dangerous lies.
JokeyJack 3 years, 3 months ago
Mr Roberts, likewise i agree not to shoplift in your stores IF it is deemed illegal.
Apparently we are in a place where laws that have long been in place are now called into question if they go against the covid narrative.
Can we just kill the unvaccinated? I dont think so. Murder is illegal right? Or is it. I guess they will have to ask the Tripartite Council to hold more meetings on that.
whatsup 3 years, 3 months ago
If Mr. Roberts really cared, he would take some of his millions (which he can't take with him) and build a hospital. Heck....he could even name it after himself. But Nooooo...all he really cares about is making money. Greedy man!!!
Emilio26 3 years, 3 months ago
what's up it's not Mr. Roberts responsibility to build a public hospital for Bahamians.
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