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Meetings Of The Employment Rights Tribunal
Thursday, 26 May 2016 13:28

The Employment Rights Tribunal heard the matter of Anderson Chase versus National Conservation Commission (2014) during the period May 9th to 11th at the Ministry of Labour.

Comrade Chase was one of the claimants for whom the Barbados Workers’ Union submitted a case on the basis of unfair dismissal during 2014. Comrade Chase’s case sought to establish that the NCC:

  • failed to follow the prescripts of the Government circular issued through the Ministry of the Civil Service
  • did not engage in meaningful consultation as provided for in Protocols 5 and 6 of the Social Partnership and Section 31 of the Employment Rights Act

The NCC failed to rebut the testimony of the former general secretary which said that the list did not follow the framework presented by the Civil Service and that the decision to dismiss the claimant was an unreasonable one

The BWU submitted that if neither reinstatement nor reengagement was deemed as a practicable form of relief, then the Tribunal must make an award of compensation consisting of a basic award and a substantial compensatory award, enhanced to take account of the deprivation of qualifying for a pension.

The BWU now awaits the Tribunal’s determination.

 

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