Anguilla’s Minister of Home Affairs, Mrs. Cora Hodge-Richardson, has delivered a radio address in which she spoke on a number of crucial matters aimed at enlightening the people of the island.
The areas covered in her broadcast included the loss of jobs at the National Commercial Bank, as was the earlier case at hotels and other business places, due to the economic and financial situation affecting Anguilla; the work permit system; and an invitation for qualified Anguillians to apply for job opportunities when advertised.
The speech, by the Minister of Labour, and printed below, was first delivered on Thursday, January 5, 2017.
Fellow Anguillians, residents of Anguilla. I greet you in this New Year as Minister of Home Affairs and Labour. As I stated in my last greeting to you, the year 2016 was a difficult year on many levels, but I fully expect that 2017 will bring new and prosperous tidings for the people of Anguilla. One of the last events that took place in 2016 that is now impacting us at the beginning of this year is the unfortunate end of employment for some 23 persons from the National Commercial Bank of Anguilla.
“While one may understand that many businesses face the inevitable choice of either closing their doors entirely (and causing the loss of jobs for every single person in the business) or ending the employ of some persons so that their businesses can survive, the loss of a job not only impacts those persons, but also their immediate and extended family, their friends and loved ones, the community and indeed the economy, as there is now less spending power than before.
“This was the case a few years ago when the then Cable and Wireless ended the employ of up to 20 persons, and Cap Juluca between the period 2012 to 2015 sent home over 100 employees. In some instances, businesses closed down completely, such as the then Malliouhana (under different ownership) in 2011 which closed its doors, resulting in over 200 persons being unemployed, and Brownhill communications which in 2011 also closed its doors, resulting in unemployment of some 35 persons. Many will also recall that prior to the ECCB takeover conservatorship in 2013, the National Bank of Anguilla also ended the employ of some persons. There are also circumstances when two businesses may merge together, creating an overlap of job functions which then causes a loss in jobs, such as may be the case with NCBA. I use these examples because it is important that we understand that the Anguilla job market has been affected greatly by the economic downtown since about 2011, as is evident from the significant job losses since that time.
“In these situations, one may wonder, what is the role of the Labour Department, the Labour Commissioner and the Ministry of Labour when these incidents occur? The Labour Department Act establishes the Labour Department, the Labour Commissioner’s position and his or her role and powers and, the role and powers of the Minister of Labour. The Fair Labour Standards Act governs how employers and employees operate in the workplace. So, when the Labour Commissioner and the Minister of Labour take certain actions, they can only do so within the confines of the Fair Labour Standards Act, the Labour Department Act and any government policy.
“Under our labour laws, neither the Labour Commissioner, nor the Minister of Labour, has the ability to stop a business from closing its doors. It does not give the Labour Commissioner or the Minister of Labour the ability to stop a business from ending the employment of some or all of its employees. What the law does do is give the Labour Commissioner the power to insist that the treatment of employees and the manner in which the employment ends are done in accordance with the Fair Labour Standards Act.
“I want us to all understand, that any grievance, any situation between an employer and employee that makes its way to the Labour Department and to the Ministry of Labour is confidential. So, for instance, every employee in Anguilla has the right to attend the Labour Department and lodge a complaint without fear that the Labour Department or the Ministry of Labour will take to the airwaves to disclose that employee’s personal affairs. And every employer has to right to be guided by the labour laws of our land without fear that the discussions that take place with the Labour Department are taken to the streets. And so, just as the Labour Department must respect the privacy of every Anguillian employee and be bound by confidentiality, so too must it deal in like manner with every employer in Anguilla.
“In the case of NCBA, while neither I as Minister of Labour nor the Labour Commissioner can provide specific details, I can say the following: (1) that the ending of the employment of persons on 30th December 2016 did not violate the labour laws; (2) the Labour Department has no control over how any particular business manages the public relations aspect of job losses (repeat); and (3) the Labour Department cannot force any employer to do anything that is not set out in our labour laws, although they can choose to do so willingly. So, for example, while an employer is obligated under the law to pay employees their salary in lieu notice, the Labour Department cannot under these labour laws force a company to additionally compensate people for the years of service that they worked in a business. However, the business, if it can afford it, can choose to do so. Under the new Labour Code, however, this severance pay will be mandatory.
“Let me hasten to say here though, that while the new Labour Code would make severance mandatory, it is not retroactive. So no one will be paid severance for years worked prior to the passing of the new Labour Code. I also wish to place on record that the draft Labour Code has been sitting in limbo since at least the last two administrations. Upon taking office, I made a concerted effort to take it back to the public and, in 2016, we completed 17 consultations up through December 2016. We are now making amendments to the draft Labour Code with a view to finalizing same and taking it to the House of Assembly in short order.
“At this point, I would like to express appreciation to the Labour Commissioner in taking steps to reach out to persons whose employment ended with a view to finding alternative employment as quickly as possible. But this is not a new initiative, as since my being elected to office in April 2015, the Labour Department, the Labour Commissioner, Mrs. Evalie Bradley (my Ministerial Assistant) and I have been making a concerted effort to place qualified Anguillians and residents of Anguilla in as many positions in Anguilla as possible. This is being done by:
(1) carefully scrutinising work permits in order to ensure as much as possible that qualified persons on island are given first preference;
(2) contacting persons who we know are job hunting and encouraging them to apply for available positions in Anguilla; and
(3) ensuring that these and other persons are interviewed and considered for the job.
I can tell you, that on a daily basis I pick up the phone and call people, once I know they are job hunting, and I let them know of any available jobs. Furthermore, since April 2015 we have limited the approval of work permits for certain jobs where we know that there are persons currently on island who are capable of taking on these positions. These may be considered to be bold initiatives that this Ministry has taken, but it is my view that the times make these actions necessary.
“Let me touch briefly on the issue of work permits as I understand that there is a misunderstanding as to how the process works. Generally, every job for which a work permit is being submitted must first be advertised. However, where the work permit is for a person who is coming for a limited time or for a specific purpose, then the advertising of a work permit is not required. So, for instance, an easy example would be in the case of a person hiring a Lawyer from outside Anguilla to deal with a particular court case. That position does not need to be advertised because it is for a specific case or purpose. However, if the lawyer is relocating to Anguilla to work in a law firm, then the position must first be advertised.
“The same thing applies for a Consultant, such as an HR Consultant who is being brought in to work for a specific time and for a specific purpose. In cases such as this, the Work permit is issued with certain conditions so as to ensure that once the specific purpose has been completed, that a qualified Anguillian is able to take up the position. There are persons who may be unaware of this distinction, so I would therefore encourage them to seek out the facts on a particular issue. This hopefully would avoid the spreading of misinformation, especially by those we know have personal motives and agendas. Please take time to learn the facts. Not just on this, but on many issues affecting Anguilla today.
“Let me also make a couple of other points. There is currently a job as Chief Financial Officer at the NCBA being advertised. It is a legitimate advertisement. Interested persons should have a recognized certification ACCA or CGA or a Master’s degree in Finance or Accounting. I am asking all qualified, capable persons in Anguilla who either do not have a job or want to make a job change to please apply for this position, and deliver a copy of your application and resume to the Labour Department.
“Many Anguillians are of the view that job advertisements are simply work permit renewals. This is absolutely not true. It is not possible to put forward a case for persons who fail to apply for a job because it is believed it is already for someone.So I am asking you, fellow Anguillians, residents of Anguilla, please do not assume that the job is not available. Even if it is a renewal of a work permit, it is imperative that interested, qualified Anguillians apply for the positions being advertised, and deliver a copy of your application and resume to the Labour Department.
“The Labour Department has created a job registry for unemployed persons and I am asking every unemployed person in Anguilla to visit the Labour Department and register your name, job interest and qualifications so that we know who you are and so that we can call on you to apply for a job in your area of interest as it comes available.
“It is only when we work together can we achieve success!
“Thank you. God bless you and God bless Anguilla.”
