Barbados Workers' Union Challenges Allegations Surrounding Dismissal Case: Responds to Deputy Chairman's Comments

The Barbados Workers’ Union (BWU) is contesting allegations made by the deputy chairman of the Employment Rights Tribunal (ERT) Kathy Hamblin surrounding the dismissal of a former employee at Standards Distribution and Sales Inc.

On Thursday during a virtual unfair dismissal hearing, Hamblin ruled to throw out a claim made by appliance service technician Keith Alleyne.

Hamblin said that the BWU had failed to act in a timely manner in seeking redress for Alleyne, who was depending on its representation.

However, in a press statement over the weekend, the executive council of the BWU said it is unacceptable for Hamblin to report that the union acted in an untimely manner and to state that that was a contributor to the dismissal of Alleyne’s case.

“The BWU is perplexed and dismayed by the Deputy Chairman’s decision to make such disparaging comments without first allowing the BWU an opportunity to provide a perspective or response. It is unacceptable that an alleged lack of timely action by the BWU in handling Mr Alleyne’s case was reported as contributing to the dismissal of his complaint when at no point during the proceedings was the BWU invited or otherwise provided an opportunity by the Tribunal to respond to such an allegation.

“The BWU regards this omission and failure by the Tribunal as glaring and the comments made by Ms. Hamblin as highly irregular. It is our view that together, they represent a departure from what the Union recognises and understands to be the Tribunal’s obligation to be guided by the rules of natural justice,” the statement said.

Alleyne lost his job on July 12, 2013, after being employed at Standards Distribution and Sales Inc. for 13 years. He was dismissed for borrowing a disused washing machine pump from a scrap pile on Standard’s premises, to use on a washer he was fixing off-site.

Alleyne submitted a complaint of unfair dismissal to the Chief Labour Officer on January 23, 2014, more than six months after the date of his termination and almost three-and-a-half months after the expiration of the three-month statutory limitation period, which is counted from the effective date of termination.

The matter was referred to the ERT on March 10, 2014, and even though Alleyne was invited to submit his claim form and supporting documents, nothing was sent for more than eight years. It was only when a notice was given of abandoned claims via a newspaper that the forms were sent on July 28, 2021.

Handing down the ruling, Hamblin said: “The onus was on the BWU as the claimant’s representative to ensure compliance with the limitation period of which they ought to have been aware,” although noting that Alleyne’s conduct of this matter “demonstrates a complete lack of diligence and interest.

“…The BWU ought, in the circumstances, to have taken appropriate, timely, measures to preserve the claimant’s position. They failed to do so to the detriment of the claimant. The claimant’s remedies, if any, are against the Barbados Workers Union, not against the respondent. The complaint is accordingly dismissed.”

Meanwhile, the BWU said Hamblin’s comments could not go unchallenged.

“The BWU will not allow itself to be backed into any corner to add fodder to the unfortunate media blitz of Ms. Hamblin’s comments while Mr Alleyne’s case remains under the purview of the Tribunal and where the possibility exists for escalation to a higher authority. The time for an appropriate public response will come.

“The BWU regrets that Mr Alleyne has endured this ordeal for the past decade. Among other things, when the Tribunal was established, it was not contemplated that over a decade later, it would still be functioning without Regulations that would provide greater transparency and consistency. Equally, it was not expected that cases would have to take as long as a decade to be heard. The BWU reiterates its unwavering commitment to advocating for workers’ rights and ensuring that justice is served in all cases it fights on behalf of workers,” the statement added.

(SZB)