Employers will no longer be able to circumvent certain portions of trade agreements once proposed amendments to the Industrial Relations Act become law.
Minister of Labour and National Insurance Shane Gibson told the House of Assembly yesterday that the amendments will impact more than 120,000 workers. He said the government is committed to ensuring that all workers are treated fairly. Under the new Industrial Relations Act, employees will be allowed to file a trade dispute with the Ministry of Labour against employers who refused to negotiate with a registered trade union.
“To this end, we must propose to amend the Industrial Relations Act to allow for the dispute to be filed with the Ministry of Labour against those employers who refuse to enter into negotiations with a dually recognized and registered trade union,” he explained. “As a result of rulings in the court, some employers refuse to come to the bargaining table to even begin discussions and use stalling tactics in an attempt to discourage employees from going to the trade union.”
Gibson said this amendment complements the rights of Bahamian workers to exercise their rights outlined in Article 24 of the country’s constitution, which states that workers have the right to join and associate with a trade union of their choice.
“Alternatively, trade unions have complied with the provisions in the Industrial Relations Act in that they have sought and have been recognized as the sole bargaining agents for Bahamian workers,” he said.
According to Gibson, in the Progressive Liberal Party’s (PLP) charter for governance it pledged to protect the rights of all Bahamian workers.
Cleola Hamilton, parliamentary secretary in the Ministry of Foreign Affairs, believes this amendment will positively impact the country’s workforce as the registering industrial agreement by the Industrial Tribunal is “virtually non-existent.”
“I know of industrial agreements that have sat there for six years. The implications of this is far reaching. If it is not registered, it is not legally binding by the parties involved.
“I don’t see why employers feel threatened when the employee tries to protect [his or her] interest. One of the best recipes for industrial disharmony in the country is when employers interfere in trade union’s business especially after the minister would have made a determination,” she shared.
She also made reference to the current delay in redundancy packages for former City Market employees. She said “crooks and thieves” often prevent some Bahamians from receiving the funds they’re entitled to.
Gibson further noted that there will be additional amendments to the Employment Act and another one related to redundancy.
By Scieska Adderley
Guardian Business Reporter
