It was certainly a welcome coincidence that, with the observance of Labour Day in Anguilla, was the news that the island’s scattered labour laws, and the development of an all-embracing new Labour Code, were to be addressed by a leading Labour Reform Consultant in the person of Mr. Clive Pegus of Trinidad.
Anguilla is one of the remaining small Caribbean islands where there is indeed an urgent requirement to look seriously at the labour laws. It is generally held that many of them need to be revised in the face of growing thorny issues in the job market and the frequent infringements of the rights of both employees and employers.
Wednesday’s public forum on the revision of Anguilla’s Labour Laws, and the need for a new Labour Code, left no doubt in the minds of the public and private sector attendees that there are some serious matters to be addressed. It is an enormous task ahead but, given the experience of the reformer and his work in other parts of the region, it is believed that Anguilla will eventually have the kind of strong, far-reaching and effective Labour Code it needs. So far, Mr. Pegus’ discussions have been wide-ranging covering all forms of problems facing workers in particular – even those with religious issues as his talks with the President of the North Caribbean Seventh-day Adventist Conference revealed.
Aside from the rights of workers and employers, Mr. Pegus has reported finding a string of laws in Anguilla – some not normally heard about –which need both revision and formulation into a new Labour Code. He listed these pieces of legislation as comprising the following: the Fair Labour Standards Act (the main law); the Labour Department Act; a Trade Union Act; a Workmen’s Compensation Act; an old Factory’s Act (addressing matters of safety in industrial establishments); and other pieces of legislation dealing with health and safety such as Notification of Occupational Diseases and Accidents.
Mr. Pegus gave an insight into an important aspect of his task when he gave the following explanation at the public forum: “What is proposed for the new Labour Code is that there would be one Consolidated Act that would contain all provisions that deal with Labour Law. So employees, employers and the Labour Department will go to one document when they are examining, reviewing or [otherwise] dealing with any matter.”
The review work, no doubt, calls for extensive consultations with stakeholders and the general public – including students who are indeed Anguilla’s future workers. It is important that the views and concerns of everyone are canvassed and taken into account. A report is to be prepared for the Anguilla Government which will encapsulate all feedback issues that have been raised. The report is also expected to draw on how those issues are addressed in regional territories with similar economic and constitutional circumstances as Anguilla, particularly those places with modern legislation.
Even when the new Labour Code is developed, it would not be expected to be a final document initially, but one which would stimulate public discussions. Given the enormity of the work and consultations, and the quickly passage of time, as well as perhaps certain unforeseen delays, it is doubtful that a Bill providing for the enactment of a new Labour Code will be ready by July 2013 – a date just around the corner – as has been announced by the Ministry of Home Affairs. The work, which appears to be quite tedious, cannot be rushed. It must take into account many factors affecting labour relations including the rights of employees and employers and the input of all stakeholders as indicated above.
The Government of Anguilla, through the Ministry of Home Affairs, needs to be complimented for moving towards the revision of the island’s Labour Laws and the development of a new Labour Code. It is believed that there will be many gains emanating from such an exercise. These may include a better functioning Labour Department – not burdened or preoccupied with a litany of calls to intervene in simple and diverse labour disputes – but probably assisted by the private sector itself in handling some of the on-the-job or other problems. One way of achieving this may be through the formation of new unions – or the active work of existing ones – to address and solve, within their own bodies, a number of the varied disputes that frequently crop at the workplace. The Labour Department would then act as an arbitrator rather than a trade union simply there to fight for, and protect, the rights of employees as it is so often thought to be.The overall gains will be the ready availability of a Labour Code that properly addresses every aspect of labour relations in Anguilla.
We wish Mr. Pegus much success in his work, and encourage all stakeholders to actively participate in the revision of Anguilla’s Labour Laws and the formulation of a new Labour Code in the interest of all persons on the island.
