Barbados Workers' Union Challenges Allegations Surrounding Dismissal Case: Responds to Deputy Chairman's Comments

The Barbados Workers’ Union (BWU) is contesting allegations made by the deputy chairman of the Employment Rights Tribunal (ERT) Kathy Hamblin surrounding the dismissal of a former employee at Standards Distribution and Sales Inc.

On Thursday during a virtual unfair dismissal hearing, Hamblin ruled to throw out a claim made by appliance service technician Keith Alleyne.

Hamblin said that the BWU had failed to act in a timely manner in seeking redress for Alleyne, who was depending on its representation.

However, in a press statement over the weekend, the executive council of the BWU said it is unacceptable for Hamblin to report that the union acted in an untimely manner and to state that that was a contributor to the dismissal of Alleyne’s case.

“The BWU is perplexed and dismayed by the Deputy Chairman’s decision to make such disparaging comments without first allowing the BWU an opportunity to provide a perspective or response. It is unacceptable that an alleged lack of timely action by the BWU in handling Mr Alleyne’s case was reported as contributing to the dismissal of his complaint when at no point during the proceedings was the BWU invited or otherwise provided an opportunity by the Tribunal to respond to such an allegation.

“The BWU regards this omission and failure by the Tribunal as glaring and the comments made by Ms. Hamblin as highly irregular. It is our view that together, they represent a departure from what the Union recognises and understands to be the Tribunal’s obligation to be guided by the rules of natural justice,” the statement said.

Alleyne lost his job on July 12, 2013, after being employed at Standards Distribution and Sales Inc. for 13 years. He was dismissed for borrowing a disused washing machine pump from a scrap pile on Standard’s premises, to use on a washer he was fixing off-site.

Alleyne submitted a complaint of unfair dismissal to the Chief Labour Officer on January 23, 2014, more than six months after the date of his termination and almost three-and-a-half months after the expiration of the three-month statutory limitation period, which is counted from the effective date of termination.

The matter was referred to the ERT on March 10, 2014, and even though Alleyne was invited to submit his claim form and supporting documents, nothing was sent for more than eight years. It was only when a notice was given of abandoned claims via a newspaper that the forms were sent on July 28, 2021.