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By Warren Bertram
President of the Union of Clerical Administrative and Supervisory Employees (UCASE), Vincent Morrison, is arguing that security companies have been withholding benefits entitled to guards for years, long before the recent court ruling.
Mr. Morrison contends that there was a change in legislation more than 10 years ago which redefined the role of security guards from independent contractors to employees.
However, he noted that the security companies did not respond to the change, adding that the industry "has gotten away with this or years".
Mr. Morrison cited vacation leave and maternity leave as two of the employee benefits the guards have been denied for at least 40 years.
He was particularly grieved with the denial of maternity benefits, lamenting that even after a change in legislation, "Jamaican women, after 60 years of independence, not being paid maternity leave because some people sitting in an office [saying]...we going to prevent them".
A ruling in September by the Supreme Court against Marksman Limited made it clear that security guards are not independent contractors, but employees.
But security companies have not yet implemented the change in the guards' employment status.
Mr. Morrison argued if the security companies wanted more time to facilitate the upgrading of benefits to the guards, that should have been requested from the court during the trial.
Since this additional time was neither requested nor granted, the UCASE president believes the security companies' delay in implementing the judgment is a "disrespect to the justice system".
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