Attorney-at-law Gavin Goffe
JEF President David Wan - file photo
Gillian Corrodus, Divisional Director of Industrial Relations and Allied Services in the Labour Ministry - JIS photo
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Attorney-at-law Gavin Goffe, JEF President David Wan and Gillian Corrodus, Divisional Director of Industrial Relations and Allied Services in the Labour Ministry
Attorney-at-law Gavin Goffe is not in agreement with the apparent approach being taken by the Ministry of Labour not to intervene in an impending stalemate between employers and trade unions as the 120-day protective shield for layoffs nears an end.
Some employees are reportedly in discussions with unions to find alternatives to the problem.
Mr. Goffe is concerned that workers will be at a disadvantage due to a loophole in the Employment (Termination and Redundancy Payments) Act.
"Our layoff and redundancy legislation is not adequately protecting workers," he suggested, citing a loophole where there exists the "possibility for employers to bring back employees for one day and then put them back on layoff for a further 120 days."
The majority of workers were laid off in March, shortly after the first case of COVID-19 was confirmed in Jamaica.
The Gleaner reported that there has been intense lobbying by the Jamaica Employers' Federation (JEF) and the Jamaica Hotel and Tourist Association (JHTA) for the cap to be extended as some businesses have not yet recovered.
The groups say their members will face huge costs if workers choose to request redundancies, which will trigger exit pay-outs.
But trade unions are not in agreement with the extension.
The Ministry of Labour has said any extension of the 120-day shield will have to be done through legislative amendment.
Mr. Goffee, who was speaking on the Morning Agenda on Power 106 with host Jodi-Ann Quarrie, said the position is unacceptable as the Minister of Labour can intervene.
"The approach that the ministry is taking of leaving it to both parties to sort it out and find an amicable solution for themselves is the inappropriate approach to take. That's the kind of approach you can take when parties have equal bargaining or near equal bargaining power, and that is not the relationship that is this right now," he asserted.
"Something needs to be done and they need to find that middle ground and act towards amending the legislation or passing appropriate regulations to protect the most vulnerable in our society," he charged.
JEF
Jamaica Employers' Federation President David Wan disclosed that at a meeting with Labour Minister Mike Henry and trade unions, he sought an extension of 270 days or nine months for the layoff period.
Mr. Wan said some businesses in the hospitality and entertainment industries have also requested the opportunity to reopen in order to earn revenue to be able to recall workers.
He is in support of the decision in Bermuda to freeze the period for layoffs.
"The authorities said... we will not start that clock 'til we declare the pandemic under control or over. So if it takes three months for them to get down to comfortable position, as far as the pandemic, then the clock will start," he outlined.
Labour Ministry
Meanwhile, the Ministry of Labour has said for there to be legislative amendment, the parties have to agree that it is necessary.
Gillian Corrodus, Divisional Director of Industrial Relations and Allied Services in the Labour Ministry, maintained that dialogue between employers and their workers is the best solution at this time.
"It does not require strict legislation to address the particular problem. Additionally, if employers are going into a period of redundancy and there is a constraint or issue with finding the amount to pay, they should also have dialogue with the workers and reach some agreement," she insisted.
Ms Corrodus was speaking Friday on the Morning Agenda on Power 106.
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