Issue has always been taken with the number of work permit holders working at tourism establishments. Recently, the cries for less work permits to be issued seem to have intensified. The view has been expressed that in many instances Anguillians can competently undertake the jobs in issue, and that there are qualified Anguillians willing to undertake such jobs. The view has also been expressed that it is often clear from the outset that there is no intention to hire an Anguillian, based on the crafting of the advertisement, particularly where the advertisement appears to be directed at an overseas market.
While there is some acceptance that developers, having expended significant sums on tourism properties have a right to ensure that their properties are properly staffed, it is not accepted that this should be done without giving Anguillians a fair and real chance to be considered for positions at these properties. The Minister of Labour’s explanations, in relation to work permits issued, have not been well received by some persons who insist that more, can, and should, be done to ensure that Anguillians are not being disadvantaged in their own country.
The effectiveness of the Department and Ministry of Labour is under some scrutiny, as persons wonder who has the backs of Anguillians. Is the Department equipped to challenge Tourism properties when they present a well-crafted job description detailing qualifications and experience, which they say are required for a position and which are likely to limit the possibility of an Anguillian being eligible for consideration? What is the real likelihood of the Minister of Labour refusing a work permit, in the face of the refusal of a Tourism property to hire an Anguillian, who is considered by the Department and Ministry of Labour to have the requisite qualifications and experience? While, it is accepted that the Department and Ministry of Labour cannot dictate to a tourism property that they must hire a particular individual, it is expected that they will ensure that non-Anguillians are not hired – when competent Anguillians are available and willing to do the jobs. The Department and Ministry are expected to find a way to protect the interests of deserving Anguillians.
We have heard talk of strengthening the understudy programme, which is referenced in the Labour (Relations) Act. Section 171 (3) (a) of the Act states:
“(3) Where an employer has been granted work permits for a professional, managerial or skilled occupation the Minister may impose the following conditions and restrictions –
(a) that the employer develop and submit an employee training programme or an employee understudy programme which is satisfactory to the Ministry but any understudy programme applies only to belongers of Anguilla.”
Does this section provide the Minister/ Ministry with any real strength? Whether or not it does appears to be wholly dependent on whether the Minister requires that an employee understudy programme be developed and submitted, and whether the Ministry will effectively scrutinise the programme to secure an Anguillian a fair and real opportunity to assume the position occupied by the work permit holder – upon expiry of the work permit. Persons are not satisfied that the understudy programme is effective and so far no real evidence has been presented to convince persons otherwise.
While an entitlement mentality must not be encouraged in Anguillians, it is understandably disheartening for those appropriately qualified, and experienced, Anguillians to be denied jobs, for which non-Anguillians are selected. While they might be encouraged, if it is understood that an understudy programme will ensure their appointment upon expiry of a work permit, the effectiveness of the understudy programme must be assured. Sadly, this does not appear to be the case, at the moment, and Anguillians deserve a real chance.
