DEAR EDITOR:
An employee who believes that they had been unfairly dismissed has a statutory right to file a complaint at the Department of Labour, aimed at reaching an amicable resolution. It is important to note here that before proceeding to the Industrial Court, one must first go through conciliation at the Labour Department. And, I have not yet been made aware of any provision that allows circumventing this process.
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According to the Labour Laws, it is expected that a dispute be resolved within ten (10) days. However, given the evolution of employment in Antigua and Barbuda, it is nearly impossible for matters to be resolved based on the timeline enshrined in law. However, it stands to reason that a matter should be heard within three months of complaining to the Labour Commissioner.
There are situations where conciliatory meetings are set weeks in advance and all parties are informed. However, as the date approaches, sometimes on the day of the conciliation, the employer suddenly has other obligations and is no longer able to attend the scheduled meeting. What happens then is more alarming, i.e., the meeting is rescheduled, which unfortunately may take weeks to months before another date is available.
There is a particular case that sat at the Department of Labour for almost two years before the matter was heard for the first time. Imagine feeling aggrieved, then having to wait two years for a hearing, knowing that damages for unfair dismissal are reserved for a court of competent jurisdiction.
Some employers are using delay tactics at the level of the Labour Department to frustrate the process. Unfortunately, the tactic works because some employees would lose faith in the process and surrender.
To protect the aggrieved employee’s interest, they should be issued the certificate from the Department of Labour stating that no settlement could have been reached because of the employer’s failure to attend the Conciliatory meeting. As mentioned earlier, only the court can award damages, so there would be no usefulness to stymie the employee’s efforts to take further action.
By Captain Javonson Willock
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