The Tribune

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

A trade union leader yesterday called on workers to seek ‘dismissal’ compensation under the Industrial Relations Act, as its provisions were much stronger than the Employment Act’s.

“I’m having a difficulty withe the Employment Act in that it is only beneficial for those workers who would have been employed up to 12 years,” Mr Ferguson told Tribune Business.

“If you have been working over 12 years, the Act is not the alternative that I would recommend a worker to seek compensation under. It needs to be upgraded to reflect the current position as they exist today.”

He added: “Initially the remedy that was available to workers in the Bahamas was by way of wrongful dimissal as opposed to unfair dismissal. Unfair dismissal was introduced in 2001.

“Up to that point, the employer could terminate a worker at any time with or without reason, subject only to damages, whereas with unfair dismissal you have a right to be unfairly terminated.

“If it is going to be said that you are going to be unfairly terminated, you have to go through the statutory procedures laid down in the Act; in other words you have to give reason for termination. The reason that you give must be a good reason.”

Mr Ferguson continued: “There is a fundamental difference, and  the unfair dismissal just came in in 2001. With unfair dismissal you could get up to 28 months for a manager, as opposed to 18 months for a line worker,  if you have been found to have been unfairly dismissed.  In addition, you get all of your benefits under the unfair dismissal provision, which is Section 34 of the Industrial Relations Act.

“Under Section 29 of the Employment Act, it goes up to 12 months; you can’t get more than 12 months. Under Section 29, if you’re a manager, you get four weeks notice and then you get four weeks for each year up to a maximum of 48 weeks.

“If you’re a line worker you get two weeks notice and two weeks for each year of service up to a maximum of 24 weeks. You can see that that is not favourable. Under that same provision, if a worker was employed for 30 years, under the Employment Act the most you can get is 12 months, whereas under the common law  you can get anywhere between 15-24 months.”