Challenge August 2018

CHALLENGE The Magazine for Public Sector Reform Vol. 7 No. 1 & 2tochan e \"the Changing Face of Labour... Empowering the work force\"

ContentsEditor’s note: Readers should CHALLENGE 7KH0DJD]LQHIRU3XEOLF6HFWRU5HIRUP Feature Article:note that the creation of this -DQXDU\9RO1R The Changing FACE OF LABOUR...issue of the Challenge to EMPOWERING the workforceChange Magazine commenced tochan ebefore the Ministry of Labour Cover photo supplied by the Human Resource Development UnitSocial Security and Human the Changing Face of Labour...Resource Development (PSRZHULQJthe work force(MLSD) portfolio was changedto Ministry of Labour andSocial Partnership Relations(MLSP). Therefore, readersmay still see references toMLSD in some articles.The Manpower Research and Statistical Unit (MRSU) 6Human Resource Development: Realizing Human Potential for the 21st Century 9The Labour Department: Maintaining Stability in a Changing World 13Occupational Safety and Health the realm of the Labour Department 17From The National Employment Bureau (NEB) to the Barbados Employmentand Career Counselling Service (BECCS) 19Ministry of Labour Education Programme – The Anti-Discrimination Unit 21External Programme – Case of Canada 22The Barbados Liaison Service (BLS), Miami 23Employment Sexual Harassment (Prevention) Act 25Contributors: The OfÀce of Public Sector Reform: ‡E. Humphrey Walcott Building, Cr. Culloden RoadMinistry of Labour and Social Partnership Relations ‡ The ManpowerResearch and Statistical Unit ‡ Human Resource Development Unit ‡ & Collymore Rock, St. MichaelThe Labour Department ‡ Occupational Safety and Health Unit ‡ ‡Tel: 535-4400The Barbados Employment and Career Counselling Service (BECCS)‡The Anti-Discrimination Unit ‡ The Barbados Liaison Service ‡Fax: 228-0093Design & Layout: 8QLVRQ*UDSKLFV‡Photography: Jennifer Best ‡E-mail: [email protected] Team: Jennifer Best & Michelle Cheeseman ‡Website: www.reform.gov.bb2 Challenge to Change

THE CHANGING FACE OF LABOUR...EMthPeOwWorkEfoRrcINe G The advent of globalization has impacted, both negatively and positively, the Barbadian social and economic landscapes. Globalization has required Barbados to raise its competitive advantage in many sectors, and has forced policy makers to craft new strategies that would ensure the continuous development and advancement of the country’s human resource. The need to focus on our human resource stems from the basic fact that it is our main resource, and it is through our human capital that we have, and will continue to strive for sustainable social and economic development. Challenge to Change 3

we must seek to engage our partners inthe education and training sector to ensure that our workers are equipped with the appropriate employable skills.The challenge to change for us as the Ministry of Labour, engage our partners in the education and trainingSocial Security and Human Resource Development, sector to ensure that our workers are equipped with the(MLSD) was confronted head-on, as we sought to appropriate employable skills. These skills should notdevelop policies and programmes aimed at maximizing only include the technical rudiments of the occupationalthe skills and competencies of our workforce, and areas, but must also those basic attributes which enableproviding workers with the opportunity to find meaningful workers, both graduates and non-graduates, to be ablework, to be highly productive citizens, and to work in a to function effectively as part of a team, have the abilitysafe and secure environment. to communicate, to be able to work under pressure, and to always aim for high standards of professionalism.The composition of the MLSD was ideal, since itencompassed all the key elements which were needed The Ministry also recognizes that work environments areto drive the sustained development of our human constantly changing as a result of the effects of climatecapital. The mandate of the Ministry, as it was then, change, the move towards alternative sources of energy,comprised policies related to labour market research, and rapid advancements in technology. These changesskills development, career counselling, job placement, have led to the emergence of new skill sets and the needsocial security, industrial relations, and occupational for Barbados to ensure that our education and trainingsafety and health. system is designed to produce graduates with those required skill sets. As a consequence, we have, over theIn recent times, the portfolios of skills development past eight years, undertaken a comprehensive exerciseand social security have been re-allocated to other of institutional strengthening of our labour marketMinistries, and we have been re-designated as the mechanisms to meet this need.Ministry of Labour and Social Partnership Relations(MLSP). While we embrace this change, we recognize This exercise has impacted all our major programmesthat our focus does not change significantly, since both and has resulted in major successes. Our Ministry’sskills development and social security form part of what Manpower Research and Statistical Unit has beenis referred to in the international labour arena, as active engaged in the rigorous conduct of labour marketand passive labour market policies respectively. Indeed, surveys and related studies, and is continually upgradingeach area plays a role in the development of the labour mechanisms, all of which will shape the design ofmarket, and in its ability to play a meaningful role in the relevant labour policies, including our education andeconomic development of a nation. training offerings.The MLSP is therefore cognizant of the part that it The Human Resource Development Unit has beenmust play in preparing the nation’s current and future successful in the implementation of the European Union-workforces and equipping workers with employable skills funded Human Resource Development Strategy and isand competencies, and in ensuring that workers are in the process of implementing the recently-approvedable to access decent work, including social security Human Resource Development Policy. The Nationaland social dialogue. In this regard, we must seek to Employment Bureau has been re-structured and re-4 Challenge to Change

designated as the Barbados Employment and Career international labour standards, and that we are able toCounselling Service, and additional resources provided benefit from new knowledge and experiences to supportto ensure the delivery a more improved service to our the delivery of our mandate. The Ministry will enhanceclients. its collaboration with its social partners, civil and non- governmental organisations to ensure that our policiesThe Labour Department has been instrumental in the and programmes are inclusive and relevant, and we willintroduction of key pieces of labour legislation, while the welcome the opportunity to build new partnerships. Wenew Anti-Discrimination Unit is working on the drafting will use the opportunity afforded to us through the Socialof the Employment (Prevention of Discrimination) Partnership to advance our efforts at strengtheningBill, which will hopefully soon be enacted. The latter our labour legislation and our employment service, andUnit, formerly the HIV/AIDS Project Unit, continues to developing synergies to support the principles of decentcoordinate education and sensitization activities to work.inform the prevention of HIV/AIDS, as well as stigma anddiscrimination in the workplace. It is our belief that every human being has a talent, and that talent should be realized and used, not only to theThe development of our human resources and the development of the individual, but to the sustainablestabilization of our workforce cannot be achieved in and positive development of our economy and society.silos, and hence a collaborative approach will continueto be used to build our social capital and to ensure that The Ministry of Labour and Social Partnership Relationsno one is left behind or marginalized. This is essential in therefore maintains its commitment and efforts toensuring that Barbados seeks to optimize its productivity create an environment that is socially strong, offerslevels, and enhance its competitiveness. the protection of workers’ rights and provides decent work. It will continue with its efforts to ensure that theThe Ministry will therefore continue to work with its workforce and society are empowered, as we continueinternational partners, primarily the International Labour this sojourn in the changing face of labour and inOrganization, (ILO), and the Organization of American the transformation and sustainable development ofStates, (OAS), to ensure that we are always in tune with Barbados. ɵMrs. Yolande J. Howard3HUPDQHQW6HFUHWDU\0LQLVWU\RI/DERXUDQG6RFLDO3DUWQHUVKLS5HODWLRQV Challenge to Change 5

THE MANPOWER RESEARCHAND STATISTICAL UNIT (MRSU)Like all government agencies, the Ministry of Labour In 1999, the MRSU underwent restructuring to and Social Partnership Relations depends on accommodate the coordination of the Barbados Labourempirical data to inform its policies and programmes, Market Information System (BLMIS) enabling the MRSUand as such, the Manpower Research and Statistical to assume its functions efficiently. A primary goal of theUnit (MRSU) was established to disseminate accurate unit is to provide ‘timely and accurate information toand timely labour market information to the public and various governmental agencies and labour stakeholdersto assess and report on skills shortages, which influence to facilitate informed decision-making’.the local labour market.6 Challenge to Change

...There is no doubt that the landscape of work has changedduring the past 20 years. Globalisation, demographic shifts and technological advances are some factors that have created a highly competitive, rapidly changing work environment...A major challenge for the unit over the years has been potential mismatches include: sustained dialogueobtaining labour market information; nonetheless, between employers and trainers, coordination acrossthe agency is currently seeking to establish closer ties government institutions, labour market informationwith employers by the re-establishment of the Labour systems, employment services and performance reviewsMarket Information Advisory Committee (LMIAC). The of training institutions.expectation is that through the LMIAC, the Ministrycan be apprised of labour issues of concern to key The fundamental reason for investing in these systems isstakeholders; and, obtain from members pertinent that skills assessment and anticipation (SAA) informationlabour market information. can help mitigate the extent of skills mismatch and shortages and limit their costs for individuals, firms andCurrently the routine tasks of the unit include the society.compilation and publication of the Annual StatisticalDigest, and the updating of information on the BLMIS With robust SAA information policy makers arewebsite, this now includes the Regional Labour Market potentially in the position to design better education,Information System, Skills Registry, a Continuous employment and migration policies and ensure that theirJob Market Trends Database (JMTD) and the further economies adapt to the emerging and fast changingdevelopment of the Barbados Labour Market Information needs of the labour market. Targeted education andSystem (BLMIS) by researching the priority areas of the employment policies based on the accurate analysis ofBLMIS stakeholders. the skills required by the labour market can contribute to easing the transition from school to work, to shorteningSome of the major LMI producers are the Statistical the time that job-seekers remain unemployed or, forServices, private Sector bodies, Immigration Department those who are employed, to improving the matchand the Accreditation Council. between their skills and those required to carry out their daily tasks at work.In the future, the focus of the research section will bethe preparation and creation of a National Skills Registry Information does not only play a crucial role for policy,(NSR) and a JMTD, while we can’t predict fully what new it is also crucial for individuals. SAA information canoccupations will be around in the future, with these shape career and education decisions as well astools we can see what types of sectors/industries are students and workers’ options when it comes to decidemost likely to have high demand for workers, and what on whether to migrate to a different region or countrysectors/industries are likely to decline. There is no in the search for employment. Well informed students,doubt that the landscape of work has changed during at all levels of their education paths, will be able tothe past 20 years. Globalisation, demographic shifts decide on what education courses better fit their ownand technological advances are some factors that have personal aspirations while, at the same time, satisfyingcreated a highly competitive, rapidly changing work the pressing need to find a job after graduation. Skillenvironment. needs is fundamental in developing a coherent response to skills imbalances. This can only be achieved ifAnticipating and building skills for the future is essential information is disseminated to all stakeholders in ato a rapidly changing labour market. This applies to pro-active way. For this, in turn, there is the need for thechanges in the types and levels of skills needed as developers of skills anticipation exercises to engagewell as in occupational and technical areas. Effective their audience more effectively. One way to do so is tomethods to anticipate future skills needs and avoid recognise the existence of a constellation of users, each Challenge to Change 7

valuing the information from skills assessment and In a context of dynamic and complex labour markets,anticipation exercises differently and each expecting it gathering intelligence on current and future skill needsto serve different uses. Youth is an especially important can support better matching of training and jobs, whichcategory whose communication and information needs is of paramount importance for every country in theshould hold a (more) crucial role in the design of world. In recent years, better understanding of laboureffective SAA systems. market needs and skills matching have featured high on the policy agenda of many countries, driven by both 6NLOOVPDWFKLQJ rapid technological advances and global competition. FDQDOVRKHOSUHGXFH Skills matching can also help reduce unemployment, particularly among young people. It helps build a better XQHPSOR\PHQW life for individuals by improving employability, social SDUWLFXODUO\DPRQJ mobility and inclusion. \RXQJSHRSOH Countries that have succeeded in linking skills to gains in productivity, employment and development have targeted skills development policy towards three main objectives: ‡ matching supply to current demand for skills; ‡ helping workers and enterprises adjust to change; ‡ building and sustaining competencies for future labour market needs. In the future, the research section will look at the possibility of implementing a labour market model to forecast labour market trends within sectors, this will further facilitate the development of the BLMIS.Some of MRSU achievements Quarterly Newsletters and Statistical Bulletins Barbados Labour Market Information System Website launched in 1998 Compilation of a Policy Paper on the Introduction of a Job Seekers and Career Guidance Manual Migrant Worker Protocol for Barbados Annual Labour Market Information Reports Minimum Wage Policy Paper Population Trends and Forecasts National Employment Report Key Trends in the Barbados Labour Market Ministry of Labour Strategic Plan 2002-2012 Interim Report on the Introduction of a 24 Hour Workday Annual Statistical Digests Update of the Barbados Standard Occupational ILO/OAS PARTICIPATORY GENDER AUDIT (gender main Classification System (BARSOC) strain study first in English speaking Caribbean) Barbados Workplace Stigma and Discrimination SHAW Building Audit Incidence Study Labour Market Information Advisory Committee (LMIAC) Participation in the CARICOM Regional Labour Market Information System ProjectVarious skills needs and employer skills needs surveys have also been completed periodically up to 2018. ɵ8 Challenge to Change

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$FOUVSZIn 2010, Parliament approved Barbados 2011-2016 Human Resource Development (HRD) strategy. Originally, the strategy was under the stewardship of the Ministry of Education, Science,Technology and Innovation (METI) it was later transferred to the Ministry of Labour, Social Securityand Human Resource Development (MLSD). The advancement of this HRD strategy, meant for thefirst time, Barbados would start to use a multi-sector integrated approach, articulated by a singleframework to enable strategic, needs-based, targeted interventions within the sector. Challenge to Change 9

The Government of Barbados, with significant financial support from the European ...The SamuelUnion, facilitated strategic linkages among stakeholders to execute a number of Jackman Prescodpolicy and programme interventions to achieve the following five broad strategic Polytechnic haspillars: been transformed 1. Creation of an enabling environment for human resource development through LQWRDQLQVWLWXWHRI institutional strengthening and capacity building; WHFKQRORJ\ 2. Development of an internationally recognised national qualifications framework; 3. Development of a demand-driven professional development and training services; 4. Rationalisation of knowledge management systems and improved information access; and 5. Enhancement of research to improve innovation, entrepreneurship, and development capacity.Stronger Institutions for HRDIn the five years of implementation, a number of public and private sector initiativeshave made significant progress in realizing the aforementioned goals.Some of these initiatives involved the assessment of institutions in terms of their capacity, structure, strengths,weaknesses, and mandates in relation to the capabilities that would be required to support the implementation ofHRD programmes. These assessments also examined the external factors that would create an enabling environmentfor HRD in Barbados.Achievements to date: Transformation Institution Its transformation into an institute of technology. Samuel Jackman Prescod PolytechnicThe National Employment Bureau Restructured as the Barbados Employment and CareerThe Small Business Association Counselling Services (BECCS)Personnel Administration Division (PAD) Positioning itself as an assessment centre for vocational qualifications relevant to entrepreneurs and small business owners. The development of the 360 Degree Feedback SystemTraining Administration Division (TAD) The Development of the Competency-Based FrameworkStrengthening the Currency of QualificationsDespite universal access to up to tertiary education and training, over 40% of the labour force remains uncertified.Of those that are certified, issues of quality assurance, the accreditation of education and training providers andtheir respective programmes and the relevance of the qualifications to meet the demands of the labour market haveperpetuated an urgent need to strengthen the currency of qualifications in Barbados.Therefore under the HRD Strategy, the development of competency-based education, training and certificationwas given a strategic priority to ensure that the labour force had relevant skills to support the economic sectors ofBarbados.10 Challenge to Change

Created by Mindandi - Freepik.com Enhanced Career Guidance and Counselling ´...the MLSD therefore focused on providing timely The mismatch of the skills of the labour force and the relevant information on the skills needs of the skills required by employers has given rise to structural labour market...µ unemployment in Barbados. . This was characterised by long durations of unemployment. The MLSD therefore Achievements to date: focused on providing timely relevant information on the skills needs of the labour market by undertaking the 1. Through the Competency-based Training Fund following: (CBTF) a significant number of occupational standards and national vocational qualifications 1. The updating of the Barbados Standard were developed; Occupational Classification (BARSOC), a dictionary and classification scheme of the occupations in 2. A number of partnerships between employers and Barbados, consisting of detailed job profiles. training institutions were initiated and over 3,500 persons had been trained along occupational 2. By also conducted a number of sector standards while approximately 2,000 were consultations and surveys to identify emerging certified; occupations, changes in the skills required by the labour market and to identify any training gaps 3. Currently 75 NVQs and 79 CVQs are offered in to inform more demand driven education and Barbados, a marked increase over the last five training in Barbados. years. 3. The development of level 3 NVQ to facilitate 4. Prior Learning Assessment and Recognition certified training in career guidance and was also introduced by the Technical Vocational counselling. Guidance counsellors from Education and Training Council (TVET) to secondary schools and relevant personnel from accommodate the certification outside of formal post-secondary institutions and the National training and allowing work experience to be Employment Bureau have been trained. translated into a certified qualification, and Innovation, Entrepreneurship and Small 5. A National Qualification Framework (NQF) was Business Development developed to outline quality assured, nationally recognised and consistent training standards; Innovation is pivotal to sustain economic growth as recognition, and credit for all acquisition of its commercialization stimulates the establishment knowledge and skills. of new enterprise and the expansion of existing businesses. Under the HRD Strategy, it was recognized The NQF will transform education and training in that innovation was not restricted to the creation of Barbados as it brings order and structure to the new products and processes. Rather, innovators could educational system by establishing the basis for build on existing products, secure micro-franchising improving the quality, accessibility, linkages and public arrangements with existing successful businesses, or or labour market recognition of qualifications both build a business which generates a product or service nationally and internationally. that facilitates process improvements or adds value in the supply chain. Barbados’ competitiveness must now be driven by the increased sophistication of production processes and creation of new technology. Therefore, the HRD Strategy has sought to promote research and support innovation, which was also acknowledged as the driving force for entrepreneurship. During the implementation of the HRD Strategy, there were a number of initiatives to strengthen the ecosystem for entrepreneurs and support the development of micro, small and medium size enterprises (MSMEs). These interventions included: ‡ 7KHGHYHORSPHQWRIVWDUWXSWRRONLWIRUSURVSHFWLYH entrepreneurs and small business owners Challenge to Change 11

detailing the process and ´...A Government System (KMS) and improve the procedures for establishing Cybersecurity Assessment management of information a small business. within the public sector. and Strategic Roadmap was Additionally, a Government Wide‡ 7KHFRQGXFWRIUHVHDUFhK Area Network (WAN) by Digicel of the MSME sector to also developed to ensure that better assess its size, structure and contribution Government’s information Business Barbados Ltd for the to enhance the decision and communications Government of Barbados was and policymaking capacity developed and implemented of stakeholders in the technologies (ICT) are secure under the HRD Strategy. small business community in and resilient...µ Barbados. Future progress in the transformation of the public sector to facilitate knowledge management‡ 7KHGHOLYHU\RIDZLGHUDQJHRI will be guided by the Barbados Governmententrepeneurial training, some of which Digital Strategy (BGDS). The BGDS seeks towas based on occupational standards developed provide a detailed strategy and an implementationfor the MSME sector and the certification of roadmap to guide the Government of Barbados in itsentrepreneurs and business owners in relevant digital transformation process. This strategy will leadNational Vocational Qualifications. to better public service to businesses and citizens,Knowledge Management and promote knowledge management. A Government Cybersecurity Assessment and Strategic Roadmap wasPost-industrial Barbados must make the transformation also developed to ensure that Government’s information and communications technologies (ICT) are secure andinto a knowledge driven society if it is to effectively resilient.compete in the global marketplace. Therefore, underthe HRD Strategy, the promotion of knowledge The Way Forwardmanagement and the development of a fully integratedand rationalised Knowledge Management System (KMS) Within the last five years, a great deal was achieved.were outlined as strategic priorities. However, the sustainability of the interventions is theThe KMS was intended to allow the fast, easy and true benchmark of progress in HRD in Barbados. Thetimely sharing of information, ideas and processes Government of Barbados acknowledged this realityfrom multiple sources, thereby enhancing productivity, and has extended the National HRD programme fornurturing innovation, promoting efficiency and improving another five years. There is a need to develop a newthe effectiveness of policies and programmes. national strategy for human resource development for the next five years, 2017-2021 to continue providingA system design was completed including a framework a coordinating framework for the execution of crucialfor the interoperability of existing systems across HRD initiatives by different Ministries and private andgovernment and private sector. However, a great deal public entities. There remain a number of opportunitiesof groundwork would have to be completed to realize for better coordination, more collaborations andthe implementation of the system including policy stronger partnerships, more focused strategic objectivesdevelopment in areas such as public records and and interventions to target a wider cross section ofthe introduction of new legislation that addresses beneficiaries and better synergy with broader economicinformation sharing and related issues such as and social policies and strategies.confidentiality. Much progress was achieved in the HRD will remain one of the Government of Barbados’development of e-government services, which is critical main strategies for national development and with thenot only for effective knowledge management but also political will, resources and the support and engagementenhanced business facilitation. of all stakeholders, both public and private, BarbadosThe Ministry of the Civil Service has developed an can return to a path of strong economic growth fuelledElectronic Document & Records Management System by increased productivity and innovation. The MLSPR(EDRMS), a National Records Management Standard, programme will include the critical interventionsand a Records Management Policy. These systems will necessary to meet the challenges of the 21st centurycomplement the proposed Knowledge Management and the changing face of labour. ɵ12 Challenge to Change

...the role of THE LABOUR the departmentremains the same DEPARTMENT: - to promote and Maintaining Stabilitymaintain a stable in a Changing World and harmoniousindustrial relations climate in Barbados...The Labour Department was established in 1940 The main duties established for the Department by the following recommendations of the West Indies Royal Labour Department Act are to:Commission (Moyne Commission) which was appointedby the British Government to investigate and report (a) receive and investigate all representations -on the disturbances throughout Barbados and the whether of employers or of employees- concerningCaribbean in the 1930’s. Its primary function was to any business, trade, occupation, or employmentadvise employers, employees and their organisations with a view to the settlement of disputes andas well as Government, on the principles of collective grievances and to conciliation especially regardingbargaining and dispute resolution. It was also tasked hours and conditions of work and regulation ofwith advising Government on labour relations matters wages, and to report thereon to the Minister;generally. (b) advise the Government with regard to theToday, more than 75 years on, the role of the betterment of industrial relations and generally ondepartment remains the same - to promote and maintain all labour matters;a stable and harmonious industrial relations climate inBarbados. (c) ensure the due enforcement of the Acts specified in the Schedule and of any other Acts which may from time to time be required to enforce; Challenge to Change 13

(d) prepare cost of living indices and statistics of The IR Section conducts a minimum of six seminars earnings and conditions of employment; and on an annual basis, addressing the main pieces of labour legislation and topical matters in the practice of (e) perform such further or other duties as may from industrial relations. The IR section is currently preparing time to time be required by any Act or by the to administer the recently proclaimed Employment Minister. Sexual Harassment (Prevention) Act as well as the proposed prevention of discrimination legislation whichSTRUCTURE OF THE DEPARTMENT ɻ is at an advanced stage of drafting. Given the recentThe Department is comprised of three sections - legal reforms in the area of industrial relations, it wouldOccupational Safety and Health (OSH), Industrial be desirable for this section to be adequately trainedRelations (IR) and Common Services. Prior to April and resourced to meet growing demands.1st 2018, the National Employment Bureau (NEB)was counted as a fourth section under the Labour Under the supervision of the Senior Safety and HealthDepartment but has been renamed the Barbados Officer, the Section has responsibility for a nationalEmployment Career and Counselling Services as a programme on the management of safety and healthdepartment under the Ministry of Labour. and in particular, administers the:INDUSTRIAL RELATIONS ɻ 1. Safety and Health at Work Act, Cap. 356;The Industrial Relations (IR) Section is staffed by oneSenior Labour Officer, nine Labour Officers and two 2. Accidents and Occupational Diseases Notificationsupport staff. In addition to the Labour Department Act, Act, Cap. 338; andmuch of the work of the IR section is centred on theadministration of key pieces of labour legislation namely 3. The Quarries Act, Cap. 353.the: )RUPRUHRQWKH26$VHFWLRQVHHSDJH 1. Employment Rights Act, 2012; Over the years, Barbados’ industrial relations 2. Holidays with Pay Act, 2017; environment has undergone fundamental changes based on, inter alia, globalisation and trade 3. Shops Act, 2015; liberalisation; rapid advances in information and communication technology; the state of the global 4. Employment (Miscellaneous Provisions) Act Cap. economy; and the realities of the job market. These 346; changes impacted both national and organisational cultures and the nature of workplace relations with fewer 5. Employment of Women (Maternity) Leave Act – participants being interested in maintaining long held Cap 345A; and practices. As a result, legislative changes have been introduced in an effort to maintain a framework that is 6. Protection of Wages Act Cap. 351. relevant to the evolving business environment.In the course of monitoring to ensure compliance with LEGISLATION ɻthe labour legislation, the functions of the IR Section The Labour Department administers a plethora of legalextend to the handling of representations made by instruments for the purpose of addressing the rights andemployers, employees and their representative bodies, responsibilities of all persons engaged in employmenttelephone queries, shop inspections and facilitating relationships. Consequently, key legal provisions havetraining programmes for stakeholders to ensure been upgraded while others have been developedawareness of legal provisions and the application of best in response to the changing realities in the world ofpractices in the employment relationship. work. Over the last five years, the legislative framework administered by the Department has undergoneA fundamental function of the Section is the provision of significant change. To that end the Safety and Health atdispute resolution services, in the form of conciliation. Work (SHaW) Act (which replaced the Factories Act) andThese services are frequently engaged by parties from revolutionary legislation in the form of the Employmentthe private sector, trade unions and other entities as a Rights Act (ERA) were proclaimed in January and Aprilmechanism to resolve individual and collective disputes. 2013 respectively.Since the enactment of the Employment Rights Act,there has been an increasingly heavy reliance on theconciliatory services offered, particularly in relation toclaims of unfair dismissal.14 Challenge to Change

SAFETY AND HEALTH AT WORK ACT ɻ Social Partners have identified areasThe Safety and Health at Work Act provides a framework of concern with the application andfor the comprehensive application of safety and health interpretation of certain aspects ofprovisions to all persons in all work places with the this statute. Mindful of this, the Labournoted exceptions of the military and armed forces as Department has formulated proposalswell as persons employed in domestic service in private on those aspects for consideration byhouseholds. policy makers.In summary, the Safety and Health at Work Act makes EMPLOYMENT RIGHTS TRIBUNAL ɻprovision With the advent of the Employment Rights Act, a nine-member Employment a) for securing the health, safety and welfare of Rights Tribunal was established to persons at work; determine matters referred under the Act. The Tribunal is staffed by one b) for protecting other persons against risks to health Registrar, a Secretary/Transcriptionist and safety in connection with the activities of and one Clerk/Typist. To date, over persons at work; 300 cases have been referred to the Tribunal. c) for controlling the release of certain emissions into the environment; SHOPS ACT, 2015 ɻ During the course of 2015, the existing d) to consolidate the law relating to health, safety Shops Act Cap. 356A was repealed and and welfare in the workplace. replaced by a legal provision bearing the same title. The objectives of the new Act are to make better provisionsEMPLOYMENT RIGHTS ACT, 2012 ɻ for the opening and closing of shops, the terms andThe Employment Rights Act (ERA) makes new provisions conditions under which persons are employed in shopsfor the rights of employed persons especially the right and certain other businesses, and for the provision ofnot to be unfairly dismissed and the establishment of better health and safety standards in shops.the Employment Rights Tribunal to determine relatedmatters. The introduction of this legislation represents a Under this Act, shop defined operations are nowdeparture from a purely voluntaristic system of industrial permitted to be open for business from 7:00 a.m.relations as was previously practiced. However, this on Mondays continuously through to 10:00 p.m. onstatue has not been without some controversy. The Sundays. Importantly, this change allows businesses to operate year round as they are now restricted to only four closed days per year - Good Friday; Easter Sunday; Independence Day and Christmas Day. The minimum wage for shop assistants currently stands at $250.00 per week, $40.00 per day or $6.25 per hour. It is noteworthy that the shops/retail sector is the only one where terms and conditions and wages are regulated. HOLIDAYS WITH PAY ACT, 2017 ɻ Matters concerning Holidays with Pay Act arguably consume a large portion of the Department’s resources. Following extensive consultation amongst the Social Partners, the Holidays with Pay Act of 1951 was repealed and replaced by the Holidays with Pay Act of 2017. The Act makes better provision for the granting of an annual holiday with pay to employees. From the feedback received, the objective has largely been achieved except for one contentious area – the calculation of the Challenge to Change 15

...In order to continue their representative organisations on the interpretation to meet the needs of and application of the Act. social partners andthe general public, the MINIMUM WAGE ACT, 2017 ɻ Labour Department The Minimum Wage Act makes provisions for thewill pursue a range of establishment of a minimum wage board and the setting of a general minimum wage or that for employees in a initiatives... specific group or sector. This Act repealed the Wages Council Act of 1955 and provides the opportunity for the regulation of terms and conditions for vulnerable groups and sectors. In this regard domestic workers and security personnel are examples of such.average pay for persons with variable incomes including SUMMARY ɻcommissions or other incentive payments. This area is While the main duties of the Labour Department remaincurrently occupying the attention of the Department essentially the same as at inception more than 75 years ago, the environment for industrial relations practiceAdditionally, this Act notifies of amendments to the has undergone exponential, radical change. WhileEmployment Rights Act, which serves to give an an approach based on education and social dialogueemployee the right to complain to the Employment Rights remains largely effective in meeting the mandate ofTribunal concerning a breach of certain provisions of the the Department in maintain a stable, harmoniousHolidays with Pay Act. environment for the conduct of business, policy makers have had to respond by upgrading the legal frameworkEMPLOYMENT SEXUAL HARASSMENT that shapes the practice and attitudes of participants.(PREVENTION) ACT, 2017 ɻSexual Harassment is ground-breaking, non-traditional In order to continue to meet the needs of social partnerslegislation in the Barbadian context and was enacted and the general public, the Labour Department willfollowing robust consultation with the social partners pursue a range of initiatives such as:and civil society over an extended period. The Act wasestablished to: a) The building of capacity and competencies among staff to equip them with the tools to effectively i. make provision for the protection of employees cope with differing approaches in the business in both the public sector and private sector from arena and to monitor compliance with new pieces sexual harassment at their workplace; of legislation such as the ERA, Sexual Harassment and the proposed instrument on prevention of ii. provide a framework for the reporting of sexual discrimination. In the area of occupational safety harassment cases by employees and a method of and health, it is recognized that due to the rapid resolving such cases; changes in technology and forms of employment, the knowledge base of officers must remain iii. establish a procedure for the hearing and relevant and updated. The Department plans to determination of matters related to sexual explore opportunities for technical assistance in harassment; and these areas. iv. provide for related matters. b) The Labour Department intends to develop broad based plans to educate and inform the generalCurrently, we are still within the period during which public. These include media campaigns on theworkplaces have been granted a grace period to comply following areas:with a main provision of the Act, that is the putting inplace of a workplace policy statement against sexual ‡ :RUNLQJVDIHO\QHDUSRZHUOLQHVharassment. It is mandated that the policies shouldbe in place by 14th June 2018. At this time also, ‡ 7KHSUHYHQWLRQRIVH[XDOKDUDVVPHQWLQWKHthe Labour Department is actively engaged in public workplace.relations exercises to sensitise workers, employers and The Department will continue to work with stakeholders to deliver customized presentations on request from members of the public. ɵ16 Challenge to Change

OccupationalSafety andHealth - the realm of the Labour DepartmentThe Labour Department’s role in ensuring the safety of The Department also hosts OSH Week biennially and workers dates back to 1952 when the first Factories actively seeks creative ways to commemorate WorldAct came into operation. Day for Safety and Health at Work. Thereby engaging stakeholders and citizenry in wide-ranging publicHowever, in a modern Barbados it became clear that education activities featuring seminars on pertinentthe Factories Act was no longer adequate to address the topics, quizzes, debates and even drama as it targetswide range of changing Occupational Safety and Health senior secondary school students under the ‘Skills for(OSH) issues affecting the workforce. Thus by 2013 the work and life’ initiative.Safety and Health at Work Act (SHAW) came into effect. Over the years, the Occupational Safety and HealthWhile the OSH brought another dimension to the Section of the labour department has used manyLabour department, it did not fundamentally change mechanisms to encourage positive behaviours andthe activities traditionally associated with workplace attitudes towards working safely. One such initiativeinspections, investigation of accidents and complaints, is ACTION a self-management system. ACTION is anthe granting of Quarry Licenses and public education. acronym for A Commitment To Improving Our Nation. The goal of the programme is to aid workplaces in everyToday, the focus is not only on traditional safety issues sector to actively manage the safety and health riskssuch as machinery guarding which the Occupation within the organisation so that they achieve a highSafety and Health Section still has to address, but also degree of compliance with the SHAW Act.on contemporary issues such as indoor air quality;ergonomics; mental health; and HIV/AIDS which are The successful implementation of the SHAW wascritical areas to be promoted. The more recent issues achieved through organisations representing workerstackled have included employment of persons with and employers and (NACOSH). The National Advisorydisabilities and working near electricity. Committee on Occupational Safety and Health that is comprised of several government ministries involved in various economic sectors and stakeholders that advise the Minister on OSH matters. Challenge to Change 17

The Safety and Health at Work Act (SHAW) also zeroes in on matters relating to indoor air quality; ergonomics; mental health and HIV/AIDSCreated by Peoplecreations - Freepik.comThe core duties of the OSH Section continue to center The OSH Section has also formed partnerships witharound promoting the attainment and maintenance other public sector agencies such as the Environmentalof desirable occupational safety and health practices Protection Department for sensitization on persistentin Barbados. Over the years there have been some organic pollutants; Training Administration Division tosignificant changes in the work environment. These train Public Officers on OSH rights and responsibilities;include an increasing trend of indoor air quality and and Barbados National Standards Institution to developergonomic concerns, even as instances such as unsafe appropriate standards. Added to the foregoing, theconditions like unguarded equipment and unsafe acts by section also engages key players across variousworkers are observed. economic sectors.Consequently, the department has embarked on varied The Section is now staffed with an experienced andstrategies in pursuit of its mandate. These include competent team of officers who engage persons on atraining and retraining to allow technical officers to daily basis in an effort to enhance and ensure a saferdevelop competencies in multiple specialist areas as and healthier Barbados for the foreseeable future andwell as updating existing equipment to enhance testing beyond. ɵand therefore improve the service offered to customers.18 Challenge to Change

)URPWKHNational Employment Bureau (NEB)WRWKHBarbadosEmployment andCareer CounsellingService (BECCS)The NEB has started the process of transformation to The new structure is headed by a Director who will have better serve its clients and stakeholders in the rapidly responsibility for the BECCS and the Liaison Officeschanging and challenging environment within which it in Canada and the United States of America. Therefunctions. will also be an increase in the number of critical posts within the Employment Service to meet the anticipatedFrom April 1st, 2018, the National Employment Bureau increased demand for enhanced services. These will(NEB) became the Barbados Employment and Career include an in-house Marketing Section to promoteCounselling Service (BECCS). The main objective of services offered. In addition, Employment Officersthe restructuring and rebranding is to provide enhanced will provide a dedicated focus on the development ofservices. By utilizing the best available technology to partnerships with stakeholders, namely employers.harness information produced by its partners to benefit Through the dialogue created, the needs of all partiesits stakeholders. The goal is to realise enhanced levels of will be identified and addressed in a fulsome andemployability, better matches of jobseeker to vacancies, efficient manner.and better decision making based on the disseminationof improved labour market information. Staff trained in counselling and assessment techniques will be available to guide and counsel clients on career choices, raise their employability levels and ability to access jobs, either through the Employment Service or on their own efforts. Clients will also be exposed to job application and resumé writing techniques, and In the middle of a difÀculty lies opportunity Albert Einstein Challenge to Change 19

“...The Barbados Employment and Career Counselling Service will continue to build on its strengths, offering its ”services free of cost... From The National Employment Bureau (NEB) to theBarbados Employment and Career Counselling Service (BECCS)interviewing etiquette, in a more structured way. These Challenge to Change January 2017 Vol.6.1 issue). Othertraining sessions will also be taken into the communities partners playing a critical role in the project include theto those unable to visit the office. Manpower Research and Statistical Unit in the Ministry of Labour through the “Skills for the Future Project”The use of enhanced assessment tools tailored administered by the Ministry of Education; the Humanspecifically to BECCS needs will ensure that counselling Resource Development Unit; the tertiary and technicalwill be effective, as clients will be assisted in what their and vocational institutions, the National Insuranceinterests, skill and attitudes are toward various types of Department and the Labour Department. Indeed, theoccupations and in so doing they will be better able to collaborative effort of these and other stakeholders willchoose the career that best suits them. be required to contribute to the success of the change that we all want.For those who may need assistance or who may not haveaccess to the internet or to computers, an improved and The Barbados Employment and Career Counsellingfully equipped and functional Resource Centre will be at Service will continue to build on its strengths, offering itstheir disposal within the office. services free of cost and harnessing a comprehensive and up to date labour market information system toBECCS has been working with the Ministry of become the premier employment service in BarbadosConstituency Empowerment, Social Care and Community through good governance, quality staff and improvedDevelopment on a project titled “Strengthening Human customer service. ɵand Social Development in Barbados” (see the20 Challenge to Change

...Peer education and stigma reduction training workshops are held to ensure a broad cadre of persons are trained to educate their colleagues on variedMTHINIESTRAYNOTF IL-ADBOISURCERDUICMATIINONAPTRIOOGRNAMUMNEI–T issues...The HIV/AIDS programme commenced in 2001 with workshops also encourage participants to adopt better the goal of promoting a supportive ethical and human workplace practices.rights environment for people infected and affected byHIV and other life-threatening illnesses in the workplace. OutreachThe programme evolved over the years with a greater Outreach component relies heavily on collaborativefocus on stigma, discrimination and workplace wellness. effort with partners and consists primarily of health fairs day and bus tours. Over seven hundred business placesAchievements and approximately twenty-five thousand workers have been reached from, construction, agriculture, armedPolicy development services and industrial sectors.In 2009, the Cabinet approved a Code of Practice toguide the public service in the management of HIV and Promotional materialsother life threatening illnesses affecting the workforce. A number of pamphlets, posters, calendars, notepadsIt is currently in the process of developing legislation and bookmarks have been developed to educateto prevent workplace discrimination on a number of workers.grounds, including, sex, medical condition, disability, etc. ChallengesTrainingPeer education and stigma reduction training workshops Over the years the programme faced a number ofare held to ensure a broad cadre of persons are trained challenges including, the reduction in financial resourcesto educate their colleagues on varied issues. These and lack of cooperation from some employers. This meant that the Unit had to be creative in the activities conducted and scale up collaboration with key partners and other stakeholders. ɵ Challenge to Change 21

External Programme – Case of Canada After Barbados gained “ZRUNHUVIURPDOOUHSRUWV Independence in JDYH\HRPDQVHUYLFHWR 1966, Canada was one of the WKHKRWHOVLQ&DQDGDD first countries with which Barbados WHVWLPRQ\RIDQDUHDRI sought diplomatic ties out of which several bilateral agreements were formed. VHUYLFHZKLFK%DUEDGRVKDV One such agreement was the 1967 Canada PDVWHUHG” Seasonal Agriculture Program (CSAWP) previouslyknown as the Canadian Farm Labour Programme terms of remittances, labour market challenges and(CFLP) which was the first low-skill Temporary Foreign economic growth.Worker Program (TFWP) to be introduced in the primaryagricultural stream. The goal was to create added By 1973, the Government of Canada introducedemployment opportunities for Barbadians particularly a second stream of the TFWP which was the Live-at a time when our unemployment levels had risen and in-Domestics, later renamed the Live-in-Caretakeralso to address labour shortages in Canada. This formed Programme and this new stream was geared towardsthe basis for the Memorandum of Understanding (MOU) women which further enhanced the external portfolio ofwhich up to today outlines the guiding principles of the Barbados.CSAWP. In 2002, the third low-skilled stream within the TFWPAs a labour supply country, approximately 218 started as a pilot project encompassing a number ofBarbadians were recruited in SAWP in 1967, and sectors including hospitality. Barbados participatedbetween the 70s and 80s this stream grew significantly in this new pilot between 2002 and 2003 whereemploying over 1000 Barbadians. Workers acquired approximately 50 persons were recruited to work inseveral skills within the agricultural sector in Canada hotels in different areas, as housekeepers, cooks, andincluding, pruning and harvesting of fruits and supervisors. These workers from all reports gave yeomanvegetables, green housing and knowledge of generalproduction processes. Ultimately, Barbados and Canada FRQWLQXHGRQSDJHhave benefitted from this programme economically, in22 Challenge to Change

The Barbados Liaison Service (BLS),The BLS was formally established in January 2001, Other challenges that saw a decrease in the number of prior to this all recruitment to the United States, was Barbadian workers being recruited for migrant labouroverseen by the Jamaica Central Labour Organisation include:(JCLO). Not only did the JCLO represent workers fromJamaica and Barbados, but workers from Dominica, ɿ Poor work ethics/ attitudes of some BarbadianSt. Lucia, St. Vincent and Trinidad and Tobago. During workersthe period 2002 – 2005, fifty (50) Barbadian workersmigrated to the USA under the H-2B Visa Program, to be ɿ Dichotomies between Barbadians and other migrantemployed at various hotels, under the JCLO. workersWith the global economic downturn in 2008 and the ɿ Migrant workers could be recruited to the USA fromclosure of the JCLO’s office in Washington DC in 2011, neighbouring countries, such as Mexicothe BLS Miami saw a decrease in the number of jobopportunities for Barbadians. This decrease was due to ɿ The inability of most Barbadian workers to speaktwo (2) primary reasons: fluent or conversational Spanish ɿ Jamaica had a strong presence in the USA’s labour ɿ The inability of the BLS to efficiently recruit market Barbadian workers within a specified timeframe ɿ Employers had to pay full costs of transporting Future Initiatives employees to their places of work. Transportation costs from Barbados to the USA exceeded those The Offices of the Barbados Liaison Service (USA and compared to those from Jamaica to the USA Canada), are synonymous for the low-skilled Canadian FRQWLQXHGRQSDJH Challenge to Change 23

Farm Labour Programme and the USA’s “H-2A - ɿ Leisure and Hospitality (Land Based)Temporary Agricultural Labor Certification.” However,it is the goal of both offices to identify and source ɿ Leisure and Hospitality (Cruise Line)employment opportunities in high-skilled employment aswell. The BLS intends to continue to strategically attend Employers’ Trade Shows. Both the Liaison Officer andFor the Barbados Liaison Service, Miami, high-skilled the Office Manager attend these shows to meet withjob opportunities will be sought under the “H-2B - potential employers, to market and sell the services ofTemporary Non-Agricultural Workers” and the “H-1B – the BLS in an effort, to source and identify additional jobSpecialty Occupations, DOD Cooperative Research and opportunities.Development Project Workers, and Fashion Models.” Itis of worthy to note, that jobs falling under the H-1B Visa The table below lists some of the trade shows attendedProgram, require candidates to possess a minimum of a over a period of time.bachelor’s degree. Trade ShowThese job opportunities are supported by labour marketinformation supplied from the Job Openings and Labor Florida Hotel, Motel Resort ShowTurnover Survey (JOLTS) of the Bureau of Labor Statistics New England Food Service and Lodging Show(BLS), and the Employment and Training Administration Michigan Hotel, Motel Resort Show(ETA), both of the United States, Department of Labor International Hotel, Motel Restaurant(USDOL). Areas where opportunities will be explored are: International Assoc. of Amusement Parks and Attraction(IAAPA) ɿ Health Services National Restaurant Show Cruise 360 Show ɿ Educational Services National Council Agricultural Employers ɿ ConstructionExternal Programme – Case of Canada continued from page 22service to the hotels in Canada, a testimony of an area ofservice which Barbados has mastered. strengthen our bilateral relations with Canada. Some of these areas include:The impact of globalization has been two fold. It openedup the Canadian market as a source of employment (i) Canadian Red Seal Certification – to promoteopportunities for Barbadians at a time when our labour job opportunities within various fields of Tradesupply outpaced demand. Equally, competition from (Horticulture, Carpentry, Culinary Arts and AutoMexico, the Philippines and our regional partners has Mechanics);eroded much of Barbados’ employment gains over theyears. (ii) TFWP (Hospitality/Construction sectors) – to explore new opportunities in these sectors byGlobalization has also brought Barbados to the advancing our search into provinces that we haverealization that our human resource needed not ventured before; andstrengthening in order to improve our ability to competeglobally and sustain our economy. (iii) The Green and Blue economies as Canada sees itself as a leader in these areas of globalAs a strategy towards this goal, the Ministry of Labour, sustainability, there will be a vast numberSocial Security and Human Resource Development in of employment opportunities for small openconjunction with Barbados Employment and Career economies like ours within broad areas ofCounselling Service and Barbados Liaison Service Renewable Energy (Solar Technicians and Energyhave started efforts to expand the established external Engineers) and Water Management (Water Qualityprogramme to incorporate areas that would further Analysts and Hydrologists). Challenge to Change 24

SexEuMalPHLOaYraMsEsNmTent (Prevention) Act The Employment Sexual Harassment (Prevention) Act, 2017 came into force on December 15, 2017. The Act protects all employees whether in the public sector or private sector and provides a framework for reporting and determining cases as they arise. All employees and employers are encouraged to become familiar with the full text of the statute so that Barbadian workplaces can be free of sexual harassment. The following is an overview of the main provisions of the Act, and it is being provided to assist in understanding the legislation. Challenge to Change 25

THE EMPLOYMENT OBJECTS AND REASONS: SEXUAL HARASSMENT (PREVENTION) ACT – 2017 Make provision for the protection of EmployeesAn Act to make provision for the Protection of Employees from Sexual in both the Public andHarassment in the workplace. Private Sector, from Sexual Harassment atMeaning of Sexual Harassment their workplace. ɿ For the purposes of this Act, Sexual Harassment includes the use of sexually Provide a Framework suggestive words, comments, jokes, gestures or actions that annoy, alarm for the reporting of or abuse a person. Sexual Harassment cases by Employees and ɿ The initiation of uninvited physical contact with a person. a method of resolving such cases. ɿ The initiation of unwelcome sexual advances or the requests of sexual Establish a Procedure favours from a person. for the hearing and determination of matters ɿ Asking a person intrusive questions that are of a sexual nature and that related to Sexual pertain to that person’s private life. Harassment. ɿ Transmitting sexually offensive writing or material of any kind; making INDUSTRIAL RELATIONS sexually offensive telephone calls to a person. LABOUR DEPARTMENT SECTION ɿ Any other sexually suggestive conduct of an offensive nature in circumstances where a reasonable person would consider the conduct to be Telephone: 535-1500 offensive. Email: labour @gov.bbPolicy Statement against Sexual HarassmentEvery Employer shall ensure: ɿ That there is a clear written Policy Statement against Sexual Harassment within the Workplace for which that employer has responsibility. ɿ That a statement of the Policy is presented to each employee on the commencement of employment with the employer. ɿ That procedures are put in place to assist every employee in understanding the Policy statement. ɿ Within six (6) months of the commence of this Act, every employer shall ensure that the Written Policy Statement against Sexual Harassment is prepared and presented to each employee. ɿ The Policy Statement may contain any term that is consistent with this Act and the employer may consult with employees and their representatives in the establishment of the Statement. Any person who contravenes this section of the Act, is guilty of an offence and is liable on summary conviction to a fine of $5,000.00 or to imprisonment for a term of 12 months or to both.26 Challenge to Change

Determination of the Complaint by Employer: Role of Tribunal ɿ Disciplinary action to be taken on completion of the ɿ The Tribunal of reference is the Employment Right investigation where the Employer finds that sexual Tribunal as established under Employment Rights harassment has been committed. Act. ɿ An employee aggrieved by the employer’s decision ɿ Engage in procedures for hearing complaints as has the right to lodge a complaint with the Chief under the Employment Rights Act. Labour Officer. ɿ Hear cases of Sexual Harassment ‘in camera’.Complaint Procedures ɿ Adjourn its procedures in any matter to allow ɿ The Act sets out the procedures to be followed by negotiations with a view to reaching an amicable an employer to a complaint of Sexual Harassment solution. as well as the associated procedures that must be followed by the complainant. ɿ Has the power to direct, by notice in writing, the complainant, respondent and any other person to ɿ There must be allowance for resolution of complaints participate in the proceedings for the purpose of at the level of the workplace before there is an resolving the matter. appeal for assistance of external parties. ɿ May dismiss a complaint or make a decision that the ɿ Complaint is to be lodged in writing to the employer respondent engaged in conduct that amounted to within three (3) months of the occurrence of the sexual harassment against the complainant. event. ɿ May declare that a respondent who engaged in ɿ Where a complaint is lodged, the employer is to conduct that amounted to sexual harassment is to inform the accused person in writing within two (2) compensate and/or pay costs to the complainant. work days. ɿ An appeal against a decision of the Tribunal may be ɿ Where a complaint is lodged against a Client – the made to a Judge in Chambers within thirty (30) days employer shall take any appropriate action to bring of notification of the decision. the complaint to the client’s attention. Offences and Penalties ɿ Where the complaint is against the employer or the chief executive officer, the employee shall lodge the ɿ Particulars of a complainant are not to be divulged complaint directly to the Chief Labour Officer. or communicated to another person. ɿ Investigation of the complaint is to commence within ɿ Publication of reports of proceedings held under the fourteen (14) days. Act also prohibited.Duties and Powers of Chief Labour Officer ɿ Making a false complaint against another person. ɿ To inform the alleged ‘offender’ in writing on receipt ɿ Protection extended to guard against the of complaint. victimization of employees and other persons (especially those who rejected the Employer’s Acts of ɿ To investigate the complaint with a view to resolution Sexual Harassment; lodged a complaint, participated through mediation. in investigations or hearings in connection with a claim of Sexual harassment). ɿ Can curtail or not commence any investigation on his own or at the request of the complainant. ɿ A person who engages in behaviours listed above is liable on summary conviction in each instance to a ɿ To provide reasons in writing for a decision not to fine of $10,000.00 or to a term of imprisonment of carry out or to discontinue an investigation. two years or both. ɿ Disagreement with the Chief Labour Officer’s ɿ Failure to comply with an Order or Decision of the decision may be lodged through a written Tribunal shall be treated as if a person was found complaint to the Tribunal within three (3) months of guilty of contempt of court. ɵ notification. Challenge to Change 27

The app gives easy access to documents produced by the Ministry of the Civil Service and the Office of Public Sector Reform making them accessible from any mobile device, whether smartphone or tablet. Documents available on the app include Guidelines for Orientation of Public Officers, Guidelines for Improving Customer Service, Guidelines for Handling Complaints, Legislation relating to the public service and much more.