Persons representing Ministry Public Health, Social Development & Labor are:
PEGGY-ANN DROS-RICHARDSON ( HEAD LABOR AFFAIRS DEPARTMENT)
FENNA ARNELL ( ACTING SECTERARY GENERAL)
LEVINUS DIJKSTRA ( LEGAL ADVISOR- LABOR DEPARTMENT)
The authority which decides on the dismissal resolutions is the Secretary General of the Ministry Public Health, Social Development & Labor.
· DEPARTMENT OF LABOR AFFAIRS RECEIVED COPY OF A LETTER DATED JUNE 1, 2013 ON WEDNESDAY, JUNE 26 , 2013 IN THE MORNING
· BASED ON THE CONTENT OF THIS LETTER – SIGNED BY MR. PETER ALLAN – CHIEF EXECUTIVE OFFICER OF DUTY FREE CARIBBEAN HOLDINGS ( COLOMBIAN EMERALDS) , THE DEPARTMENT OF LABOR AFFAIRS, SPECIFICALLY MY PERSON , AS HEAD OF THE DEPARTMENT – CONTACTED MRS. DALE NILES – HUMAN RESOURCE MANAGER , LOCATED IN BARBADOS.
· OUR CONCERNS, BASED ON THE LETTER DATED JUNE 1, 2013, WERE DOCUMENTED IN AN EMAIL TO MRS. NILES AS FOLLOWS:
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1. BUSINESS HAS NOT NOTIFIED GOVERNMENT OF ITS INTENT TO CLOSE
2. BUSINESS HAS NOT SUBMITTED DISMISSAL REQUEST FOR THE COLLECTIVE DISMISSAL OF ITS EMPLOYEES
3. CEO AND HUMAN RESOURCE MANAGER WERE PLACED ON NOTICE THAT THEY ARE ACTING IN BREACH OF THE CURRENT LAWS OF THIS COUNTRY, AND WERE REQUIRED TO RESPOND IN WRITING TO THE DEPARTMENT ON THEIR INTENTIONS.
4. A TELEPHONE CONFERENCE FOLLOWED WITH THE LOCAL LEGAL REPRESENTATIVE OF HBN LAW FIRM.
5. COLOMBIAN EMERALDS THEN ISSUED ANOTHER LETTER TO THE EMPLOYEES, DATED JUNE 26, 2013 , WHICH THEY STATE IS A RETRACTION OF THE JUNE 1, 2013 LETTER, WITH INDICATIONS THAT THE EMPLOYMENT OF ALL EMPLOYEES WOULD BE SECURED ONCE THE AIRPORT HAS APPROVED/FINALIZED THE CONCESSION AGREEMENT.
6. BASED ON THE INITIAL NON-RESPONSE FROM COLOMBIAN EMERALDS FROM OUR MINISTRY , SEEKING CLARIFICATION ON THEIR INTENTION WITH THE EMPLOYEES, THE MINISTRY IMMEDIATELY , ON JUNE 27, 2013 ENGAGED WITH A CROSS-COLLABORATIVE EFFORT , INCLUSIVE OF THE INSPECTORATE GENERAL OFFICE AND THE SECTRARY GENERAL.
7. INSPECTORS WERE SUBSEQUENTLY DEPLOYED TO BOTH LOCATIONS ( AIRPORT AND OLD STREET) AND AN ASSESSMENT WAS MADE BASED ON OBSERVATIONS, REPORT OF THIS WILL BE FORWARDED TO THE SG FROM THE OFFICE OF THE INSPECTORATE.
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8. ON JUNE 27, 2013 EMPLOYEES OF COLOMBIAN EMERALDS VISITED THE LABOR AFFAIRS DEPARTMENT – AND WERE INFORMED OF THE STATUS AND EFFORTS BEING TAKEN UNDERTAKEN BY THIS MINISTRY AS IT REGARDS THE INTENTIONS OF COLOMBIAN EMERALDS.
9. ON JUNE 27, 2013 , THE DEPARTMENT OF LABOR AFFAIRS SUMMONED THE CEO, HUMAN RESOURCE MANAGER, LOCAL MANAGEMENT REPRESENTATIVES TO GIVE VERBAL ACCOUNT. DATE OF THE MEETING WAS SCHEDULED FOR TODAY, JUNE 28, 2013
10. THE SUMMONS WAS ATTENDED BY MRS. DEELSTRA OF HBN LAW – AND A LOCAL MANAGEMENT TEAM MEMBER.
· ACKNOWLEDGE THAT THE JUNE 1 , 2013 WAS WRITTEN WITHOUT LEGAL CONSULTATION AND THEREFORE IS IN CONFLICT WITH OUR EXISTING LAWS
· COMPANY AGREES TO:
1. MAINTAIN ALL EMPLOYEES ON THE PAYROLL ( AN THEREFORE EMPLOYMENT) UNTIL A FURTHER DECISION IS MADE ON THE CONCESSION AT THE AIRPORT.
2. IF THE CONCESSION AT THE AIRPORT IS CONFIRMED, THE COMPANY AGREES THAT THE EMPLOYMENT OF ALL EMPLOYEES WILL BE SECURED AT THIS LOCATION.
3. AGREES TO GRANT THE EMPLOYEES THE OPTION TO CHOOSE EITHER PLACEMENT AT THE PJIAE NV
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LOCATION OR SETTLE FOR SEVERANCE PAYMENTS.
4. AGREES TO PROVIDE LABOR AFFAIRS DEPARTMENT WITH THESE CALCULATIONS FOR RESPECTIVE EMPLOYEES ( IF NEEDED), FOR VERIFICATION OF THE CALCULATION ETC.
5. ADHERE TO THE LEGISLATION TO , IF DEEMED NECCESARY, REQUEST DISMISSAL FROM THE MINISTRY VSA, FOR THE COLLECTIVE OR INDIVIDUAL DISMISSAL OF ANY EMPLOYEE FOR WHOM NO MUTUAL AGREEMENT IS SETTLED.
CLOSING STATEMENTS
OUR COUNTRY IS YOUNG, BUT TWO ( 2) VERY IMPORTANT ELEMENTS REMAIN CONSTANT
1. INVESTORS, BUSINESSES AND EMPLOYERS MUST ADHERE TO THE CURRENT LEGISLATION, AND OPERATE WITHIN THIS FRAMEWORK. THIS REGARDS THEIR RESPONSIBILITY TO PAY THEIR DUE TAXES AND PREMIUMS, BUT IT ALSO INCLUDES TO THEIR RESPONSIBILITY TO THE PEOPLE OF OUR COUNTRY, THEIR EMPLOYEES. IN GOOD TIMES AND IN BAD OUR PEOPLE, THEIR EMPLOYEES MUST COME FIRST! 5
2. OUR PEOPLE MUST EQUIP THEMSELVES WITH KNOWLEDGE OF THEIR RIGHTS, WITHOUT FEAR OF INTIMIDATION.
THE MINISTRY PUBLIC HEALTH, SOCIAL DEVELOPMENT & LABOR REMAINS VIGILANT TO RESOLVE THIS MATTER AMICABLY FOR BOTH PARTIES.