As an Attorney practicing in Anguilla for almost 18 years, I have represented both employers and employees and have had to work with, around and through our existing labour laws, the Fair Labour Standards Act. It is a 30-year old piece of legislation that no longer effectively addresses our labour circumstances in Anguilla. As times change, so too must our laws in order to deal with a more progressive society. Anyone that says that Anguilla does not need to update its labour laws is not being honest or forthright.
On 30th January 2018, the revised Labour Code received its first reading in the House of Assembly. This came after initial consultations in 2013/2014 (under the previous Anguilla United Movement Administration) and a further round of consultations in 2016/2017, after I was elected and appointed as Minister of Labour. The former Labour Commissioner and former Principal Assitant Secretary, Mrs. Evalie Bradley, and I, organized consultations across the seven districts in Anguilla, visited various talk shows, placed the draft Labour Code on the www.gov.ai website, and at the Library, and generally sought to engage as many persons , employers and employees, as we could. And when we realized that we did not receive the turnout, that we had expected, we visited many large employers and met with their management and staff. The Anguilla Bar Association was invited to and did send in comments and suggested changes. Members of the Anguilla Hotel and Tourism Association (“AHTA”) met with us for two full days at the Tourism Office where we went through each and every section of the draft Labour Code and invited comments in relation to same. Every opportunity was given in 2016/2017 for every single person to provide their insight and perspective on the draft Labour Code.
Is it our culture that we become concerned about issues that affect our country only when they become a reality? I ask because that is the only justification I can come up with to explain the type of response from certain sectors that was received after the first reading in the House of Assembly. It makes me question the purpose, nature and effectiveness of consultations when our populace does not deem it necessary to be engaged and participate. Managers of business places said that although we were at their establishment for 2 days, they were not aware that we were at their place of business having the consultations with many of their employees. The Legal Fraternity advised that they were now looking at the draft Labour Code with fresh eyes. Others have said that this is not the right time for a new Labour Code because we just came out of a bad hurricane and we are about to go into another hurricane season (every 6 months).
Let me make a few points here:
1. This is not my Labour Code. What I mean when I say this is that I as Minister of Labour and the Government of Anguilla as a whole are not above tweaking or adjusting any particular section of the draft Code, as long as it is right to do so and ultimately makes clear the obligations and rights of each employer and employee. There have been at least two attempts in the last fifteen years to upgrade our labour laws. The most recent draft labour law has now gone through at least two rounds of consultations. It is my obligation, my duty to the people of Anguilla to present a Labour Code that is fit for purpose and can take our country forward into the future. It is for this reason that I took the draft Code back out to consultation in 2016, because I wanted the public’s views and I wanted to ensure that the consultative process covered as many persons in our society as possible.
2. There will never be a perfect time to upgrade our laws. We have a number of antiquated laws on our books but our existing labour law is one key piece of legislation that needs to be updated urgently, for the benefit of both employees and employers.
3. We have some great employers in Anguilla – employers that go above and beyond in taking care of their employees – and these employers are rewarded with hard working employees that are loyal and have stayed with them for many years. Even with the passage of a new Labour Code, these employers will likely continue to operate above and beyond the minimum standards required by the proposed labour laws. But we need to recognize that we also have some employers that leave a lot to be desired in terms of their treatment of staff, and more comprehensive labour laws are needed to address these shortcomings.
4. From the comments received thus far, mainly from the different business sectors, there are key concerns that are consistent across sectors. The majority of these concerns have financial implications for businesses. This does not mean that we once again shelve the draft Labour Code, but instead we need to see how best we can address the valid issues that are now being raised. There are ways in which this can be accomplished that will work for all concerned.
Notwithstanding the first reading in the House of Assembly, my team and I are still meeting with various stakeholders that are now coming forward and expressing their views and concerns, as this is a law for all of Anguilla. I want us all to recognize, however, that while the voices being heard now may be from one grouping, the employees (the silent majority) are watching, listening and awaiting updated laws that better reflect our changing society in Anguilla. As they say, “he who is in the kitchen feels the heat”. There are any number of situations that are taking place in Anguilla today where the employees are owed monies but unfortunately have no or limited recourse. These situations only highlight the need for more effective labour laws in our country.
The finalisation and implementation of a new Labour Code need not be a bone of contention between employers and employees because they rely on each other. You cannot operate a five star property, a premiere restaurant, run a supermarket or provide any other service without employees. And employees need employment which our employers provide. They fit like glove on hand. The Government of Anguilla also has a role to play in ensuring that the balance between employer’s investment and employee’s rights are always maintained.
I wish to thank all persons who have expressed and continue to express their views and provide suggestions and alternatives as to the way forward. I am convinced that through this exercise we will be able to implement a more comprehensive labour law for the betterment of Anguilla. I am reminded of the old saying, “the only difference between stumbling blocks and stepping stones is how you use them.”
