Trade Unionist defends Jamaica’s labour laws
By Kalilah Reynolds Media
Assistant General Secretary at Bustamante Industrial Trade Union, Collin Virgo has clapped back at employers and stakeholders in the legal fraternity who have described Jamaica’s labour laws as being biased towards employees.
Speaking on #MoneyMovesJa with Kalilah Reynolds, Virgo noted that the labour laws afford employees the same rights as those prescribed for defendants in civil and criminal matters.
This he noted prevents employers from firing employees without due process even if the employee has been accused of committing a dismissible offence such as theft, gross subordination, violence on the job or sexual harassment.
“To say employers have no rights is absolute nonsense; that’s not true,” he said.
Virgo said stakeholders should appreciate the rules and principles of natural justice which dictate that one person cannot be the judge, jury and executioner.
He said several companies have faced challenges having the same person doing the accusing and also determining the status and fate of the accused.
“In law that is not allowed and the law is very clear,” he said, agreeing that justice ought to be universal.
“I’m frightened when I hear lawyers making these sort of comments [about biasness towards employees] because these are the same lawyers who go and defend the men who rape children, men who extort businesses out of their income, men who have murdered. The same way in how those people have been accused in the most heinous crimes, some of which had a million witnesses, caught on camera…the law still says that the person has to be charged and charged by a certain time,” he reasoned.
The trade unionist noted that fired employees not afforded due process stand to win a company in court should they choose to challenge that dismissal. He said the process remains important in law as it gives both the accuser and accused the opportunity to present their cases. He said the law also permits the accused to bring representation if they wish and present a defence to laid charges.
Meanwhile Virgo said the industrial laws also provide for constructive dismissal where necessary. In this case he noted that it wouldn’t be considered firing per say as both the employer and employee would come to an agreement at the end of the disciplinary proceedings to terminate the relationship.
“This is where both parties have determined that it is n longer viable for all to continue in the same workspace,” he said.
He said in some organizations with multiple locations, this usually results in a transfer of a staff member . However the same would not be possible in a smaller entity with one fixed location.
“It happens everyday. It’s likely the case when we see news about police being transferred. They are able to keep the job but carry it out in another space,” he said.
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