For the last several years I have been reminding the Anguillian community that there continues to be a need for reform of our labour laws. Every year, around Labour Day, I focused my editorial in part on the fact that successive Governments have not addressed the need for more robust protection of the rights of workers. However, at long last, meaningful reform seems to be on the verge of becoming a reality. The Bill for the Labour (Relations) Act 2018 was released to the public a few weeks ago.
In explaining the background to the Act, a press statement from the Honourable Cora Richardson-Hodge, Minister of Labour, explained that the Act is the first of three proposed Acts related to labour reform and that on completion all of them will be consolidated to form a single Labour Code.
According to the Act itself, it is “An Act to provide for the classification of employees, the terms and conditions of employment, employee performance and disciplinary matters, dispute settlement mechanisms, work permits and related matters.”
When one reads the provisions of the Act, it seems to be clear in outlining the different types of employees and what their rights are. Most notably, it appears to restrict the use of fixed term contracts for belongers of Anguilla and, in doing so, addresses an undesirable trend that has developed, particularly in the hospitality industry, over the last few years and which has resulted in much dissatisfaction by Anguillian employees. The short-term contracts which have been forced upon employees have prevented persons from obtaining security of tenure, and have restricted their ability to obtain loans or make other long-term financial commitments. It is encouraging that an improvement in job security for employees appears to be on the horizon.
Another progressive aspect of the Act is that it increases maternity leave to a period of fourteen weeks and provides for paid paternity leave for two weeks. The latter enables fathers to provide support in the care of the baby during those critical first weeks. The Act also provides for adoption leave, though unpaid, for up to a month.
The increase in the number of paid holidays from a minimum of twelve days to a minimum of fifteen days, and the provision of severance pay to employees who are made redundant (in addition to any other outstanding payments due to them), are also bright sparks in the Act. While these two aspects will not come into effect until August 2019 (in order to give time to employers to prepare themselves for the change), there is no doubt that these will be welcome changes for employees who have been complaining bitterly about these issues for many years.
While improving on the terms and conditions of employment for employees, the Act also makes it clear that employees have a responsibility to do their work and conduct themselves in accordance with the employer’s standards. It outlines in detail the disciplinary procedures to be used in dealing with issues of employee performance and conduct, and seemingly tries to strike a balance between the employer’s right to ensure the success of his business and the employee’s right to be treated fairly.
Additionally, the Act includes extensive provisions in relation to the settlement of disputes between employers and employees. Of particular note is that the Act seems to put a lot of emphasis on the settling of disputes without going to court. Based on the information shared at the public meeting held by the Ministry of Home Affairs, this seems to be in keeping with the increasing use of alternative dispute resolution services which are far less costly than going to court. However, the Act also sets up a standing Labour Tribunal to hear those matters which parties have been unable to settle and to dispense justice.
From my reading of the Act, the objects and reasons of which were shared with the public, and based on what I heard at the public meeting, it appears that much thought would have gone into it. While it is certainly not perfect, as I would have liked to see provision made for retirement benefits, I believe it is a step in the right direction and should have the full support of the Anguillian people.
