The Tribune

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

A HEARING about whether the Bahamas Doctors Union breached the Industrial Relations Act and will remain restrained from participating in a strike was adjourned yesterday.

Supreme Court Justice Ian Winder extended his injunction order until September 19, the new hearing date. 

Trade Union Congress President Obie Ferguson requested the adjournment after telling the court he had too little time to prepare because of a trial that concluded just two hours before the hearing.

Under new terms, Mr Ferguson must file his response to the government by September 12 while government lawyers have until September 16 to file affidavits in response to the BDU.

The government was represented by David Higgins, the assistant director of legal affairs at the Office of the Attorney General.

Catherine Weech, managing director of the Public Hospitals Authority, attended the hearing and confirmed to The Tribune that doctors have returned to work.

The Industrial Relations Act empowers the minister of labour to refer disputes that result in a strike or lock-out to the Industrial Tribunal for settlement. Once notified of the referral, parties taking industrial action are required to cease such action. Failure to comply could result in a fine of $200 against an employee or imprisonment for up to three months. 

 Labour Minister Dion Foulkes referred the matter to the tribunal on Monday, however doctors did not immediately return to work. 

Based on the originating summons filed in the case, the court will decide whether the BDU breached Sections 76, 77 and 83 of the Act by refusing to report to work when scheduled.

Yesterday, Mr Ferguson said despite the ongoing legal proceeding, he has sought to negotiate with the Minnis administration but government officials have not responded or set a meeting date.

He said he will contest the injunction on the grounds that the matter cannot be considered a trade dispute since both sides agree that the doctors are owed money.

Doctors went on strike on August 21 because of holiday pay owed to them over the past decade.

The doctors marched to Rawson Square on Tuesday, singing hymns as rain fell around them. 

In a statement this week, the BDU said: “The government has acknowledged that the junior doctors are owed for working on public holidays for the past 10 years and made provisions for the funds to be paid. However, the BDU has not been able to sign an agreement with the Minister of Health Dr Duane Sands because he insists that he is entitled to make deductions from those funds.

“The BDU has been advised by our legal advisor, that it would be foolish to agree to such a deduction as this would be contrary to what is constitutionally allowed. In addition, current government provisions will not bring what is owed current, and no agreement has been made as to how holiday pay will be addressed in the future.”