The following address was delivered by Mr. Reid on Labour Day, Tuesday May 1 2012.
For this 2012 Labor Day Speech I wish to focus on, and to clarify the role of the Department of Labour with regards to the employment of persons in the private sector and the investigations of complaints and industrial disputes. I will also give a brief overview of the current labour market. In other words, I intend to shed some light on the misinformation, false perceptions, and misguided expectations that some stakeholders have regarding the role of the Department of Labour.
The Labour Department Act provides for the establishment of the Department of Labour. It is a statutory Department within the public service. The said Act also highlights the duties and responsibilities of the Commissioner of Labour, and the procedure for the settlement of complaints and industrial disputes.
The Department of Labour is the technical arm of the ministry of Labor, mandated to ensure that the integrity of the current labour laws and regulations is upheld at all times. In order to ensure that this is done, in an objective and transparent manner, the management and staff of the Department of Labour must refer to the said laws when dealing with matters which require compliance, as we cannot rely on what happens in practice. Many persons are also of the opinion that the labour laws and regulations should be suspended at times, and that we should apply what happens in practice to solve certain matters. By not doing so, the Department of Labor is often unfairly ridiculed by a number of stakeholders who have ended up on the wrong side of the law when it is applied to their dispute.
The Department of Labour also functions as a national placement agency for prospective employers and employees within the private sector. We assist employers with the recruitment of potential employees. Therefore, persons who are unemployed are always encouraged to register with the Department so that when jobs become available within the labor market, the Department can provide assistance in finding employment. However, we cannot demand that an employer hires a particular person. We can only suggest or refer potential employees to businesses with job vacancies.
Effective May 1 2012– December 31, 2012 Government has imposed a temporary moratorium on new work permit applications for certain job categories. This initiative ensures that qualified Anguillans and Belongers of Anguilla continue to be the preferred employees for positions that become vacant within the local labour market.
However, the success of the moratorium depends on unemployed persons registering with Department, and or submitting copies of their resumes or CVs for the ongoing development of our Skills databank. This helps us to increasingly utilize our skills database in assisting the private sector with the recruitment and placement of workers as I indicated before.
As indicated in our latest press release, we are again reminding Anguillans and Belongers of Anguilla to apply for jobs in the private sector, and to send copies of their applications and resumes to the Department of Labor. By so doing, the Department is kept abreast of the progression of their job seeking process and may intervene as required, particularly if the employer submits a work permit application for the advertised position.
It is often assumed that jobs advertised are earmarked for certain individuals. To dispel this, the Department of Labor has become more vigilant in ensuring that job advertisements are legitimate, and are not tailor made for specific individuals. However, it is incumbent on all Anguillans and Belongers of Anguilla to apply for any vacant post within the public or private sectors for which they have met the qualifications required.
Under section 15 of the Labour Department Act, the Labour Commissioner is the initial person responsible for settling labour disputes between employers and employees. However, it must be noted that the Labour Commissioner has no authority to execute any ruling or judgment on any dispute that comes before him; as this process is entirely voluntary. The most common disputes referred to the Department of Labour for conciliation, include wages, annual vacation pay, sick leave pay, service charge and change of conditions of employment. Many of these are settled at the Departmental level. Employers must provide evidence in these hearings when contesting the claims made by employees, in accordance with section 63 of the Fair Labor Standards Act. This provision states that where proceedings are brought against any employer, the burden of proof shall lie on such employer.
Voluntary settlements pertaining to allegations of unfair dismissals are rarely met at the Department of Labour, since usually the employers’ minds are made up and they feel just in terminating an employee’s term of employment. Again, the Department of Labor has no authority in ruling or passing judgment after hearing such matters. When voluntary settlements are not met at the Department of Labor, the unresolved matters are then forwarded to the Minister of labor in accordance with the Labor Department Act. He will then attempt to achieve a voluntary settlement himself.
The Department is often unjustly criticized for doing very little for some stakeholders. However, it must be understood that as a statutory and neutral body, we cannot represent an employee or employer in any labour matter. The Department of Labour has to be or perceived to be impartial at all times. We must operate within the confines of the current labour laws. Anguilla does not have a legal minimum wage, and as such we cannot instruct or dictate to any employer what compensation an employee is entitled to. Hence, we have no authority in negotiating wages of any employee’s term of work, as it is the employee’s responsibility or that of his representative to undertake with his or her employer.
Over the years the establishment of labor trade unions on the island has been greatly encouraged. However, many workers still do not see it fit to organize themselves. Many employees have the false impressions that the Department of Labor is their de facto trade union representative, and as such is obliged to represent them during the labor disputes and negotiations I alluded to earlier. I will reiterate that it is not the responsibility of the Department of Labour to organize workers. On the other hand the employers, who are already in positions of power, are uniting and speaking in unison.
With the ongoing global financial crisis and its negative impact on the job market, some employees still believe that it is business as usual. It is very disheartening to observe and listen to the impractical things that some employees do that result in the termination of their employment. Surely! it is not business as usual. Currently, many business establishments are hurting financially due to the downturn in the economy. Staff layoffs and reduced work hours are fast becoming the norm, yet some employees are still not taking pride in their work and protecting whatever little is left to ensure continued employment.
Productivity levels are still low in some businesses. Some individuals are still not giving a fair day’s work for a fair day’s pay. Punctuality, regular attendance at work, respect for authority, good work ethic, teamwork and communications skills were some of the criteria recently used by a company in determining which staff it should keep. Employees who were lacking in some of these qualities were laid off. Employers nowadays are not looking for talent alone; rather it is those employees who possess people skills that employers are quick to hire and retain.
At the Department of Labor we are also concerned about the behavior of some employers and managers towards their staff. It has been brought to our attention that victimization and discrimination often follow when some employees voice their opinion. In some instances they are threatened with termination of their employment. As such many employees are afraid to speak out or critique management for fear of losing their jobs. Additionally, allegations of sexual harassment against managers and employers are increasing. Clearly, these kinds of conditions are not conducive for good industrial relations.
Going forward, it is the intention of the Department of Labor to continue upholding the integrity of the current labor laws and regulations at all times. Workers need to organize themselves into trade unions and continue playing an integral role in ensuring a stable industrial relations climate. We are also encouraging employers to be fair and objective in their dealings with all employees, including those who are respectfully outspoken, and to assist in the development of their staff; as the employers themselves will reap the benefits.
On behalf of the management and staff of the Department of Labour, we wish all workers and employers a blessed Labor Day, May 1st 2012
I thank you!
Russel Reid
Labour Commissioner
(Published without editing by The Anguillian newspaper.)
