LETTER: The Labour Department laws favour some, not all
Letter to the Editor - Wednesday, December 28th, 2011 at 9:18 AM
I am one of many employers in the territory who is a victim of favouritism, nepotism and corrupt practices within the BVI Labour Department.
This is not an attack on any individual in the department but a concerted effort by employers like me to give our concerns about the improper practices that are stifling justice and overriding the laws of the Virgin Islands.
Recently, one of our employees was dismissed during probation for refusing to carry out lawful work on several occasions during normal working hours. That employee also had a bad attitude. The employee was dismissed after a warning letter. Let it be clear that we have enough evidence to back up these claims.
Like the law permits, the employer must inform the Labour Department immediately of the dismissal. When we did this, we were informed by labour officials that the dismissed employee must be instructed to exit the territory immediately due to the fact that the employee, a non-Belonger, has not been on the job or living in the territory for a year. We understand that the employee cannot stay on island to seek work or to do a transfer of work permit.
We did as we were told but the employee did not carry out the instructions. Instead, the employee rescheduled the return ticket several times before finally cancelling it – not showing up at the airport. This meant that the ticket can no longer be used or worst yet we cannot recover any compensation for it; a loss for us in these harsh economic times. How infuriating?
During this time the ex-employee seldom responded to our efforts to make contact.
We reported the matter to the Labour Department officials who then instructed us to report the matter to immigration. We did as instructed. Immigration went to locate the employee and their search proved futile. However clear instructions were given to the employee’s landlord to inform the tenant to show up at immigration asap.
Well surprisingly, the employee did show up bright and early the next morning. But what was shocking was the fact that at the meeting with immigration, the employee was present with a Labour Department official and another businessman. It is alleged the Labour Dept official and the businessman are relatives.
What’s even more shocking are not only the lies the employee told to save self but the fact that it appeared the businessman was trying to defend our employee while indicating he will be the new employer. As for his relative, the Labour Department official, we are still mystified as to how he got involved in the matter.
What was more interesting about the situation is that during the time the employee was “missing in action” we heard rumours that our employee was seen allegedly doing work for this businessman who we saw during the immigration meeting. Of course we did not take the rumour seriously as we thought this businessman, who recently ran for political office, could not have stooped so low. We still treat this rumour as a lie.
We however would have expected him to contact us if our employee came to him with some cock and bull story. I am sure as an employer like us he has been through similar situations where his employee is dismissed and they cook up stories to get the better of the employer and the authorities. It is sad that people get an opportunity to work here, waste it then fight to stay on island.
But the story did not stop there as we understood that the employee, who is now our ex-employee, is back in the territory and working, allegedly for this same businessman. It has only been weeks since the employee was dismissed and is a NEW NON-BELONGER TO THE TERRITORY!
While we do not have a problem with persons moving on with their lives, we do have a problem with these sorts of behavior from Labour Department officials, unethical businessmen and the corrupt system in which we operate.
Government officials and residents are calling for tighter controls at Labour and Immigration, seen as a way of cutting the unemployment rate, but events like these stifle any such progress.
My belief is that in order for the Labour Department to function effectively a non-Belonger must be considered to run this division. Otherwise, bias-ness rules, and it will be a matter of politics and who-knows-who.
It is very, very sad when one employer has to abide by the legal and lawful processes or suffer, while other employers get work permits granted in a day or within a week, or while a new employee is permitted to reside here just by the merit of knowing a relative or friend in those departments or by political affiliation.
In the Virgin Islands, the rules and laws of the territory are made for some.
Very upset and concerned employer
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47 Comments
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what about these trust companies/law firms where these expatriate lawyers doing the employees what they want and getting away with it? Is it because we depend on the financial sector? hmmmm
A story has 2 sides .However there is more worker abuse than work permit abuse by some. Not because an employee is not a BVI islander he or she should be abused and maltreated.Most employers sre good and honest.There are a few who are known for their abuse of employees but government does nothing to stop them.Not paying employees social security for years at a time.Not paying workers for months.Molesting female workers and threatened to fire them if the complain,Operating their business like it is a slave camp.When wprkers complain they are told if you dont like it go back to your country.God do not sleep this is why some people business will never prosper until they change their devilish ways.Foreign workers are people too they must be treated humanely.
the only thing this employer wanted was to deport this worker.nothing else .some employers use the work permit as the slave master wip ,and if they cant use it all hell brake loose.
about going to the complain commisioner it is a joke .i had a problem in 2003 .the commisioner was deputy governor at the time.as a civil servant i went to him .he told i must not go to certain individuals he would take care of the situation.instead of helping me hearmed the employer ,but the employer came right back to adress a meeting and said the deputy governer told me what to do .so where should we go for help
The issue of imported labour is a long standing issue….there are problems on three sides of the fence…sometimes the issue is from the employee’s side, sometimes it’s from the employer’s side and sometimes the issue is COMPOUNDED & DRAGGED on for months & years by the government officials. The labour department tell you that all they are are mediators in the problem solving…they are not essentially the clout…(but I ask myself who has the clout)…I am an ex-employee at a notorious business enterprise and the employer is a mind-game player and devised ways to reduce my salary (unjustifiable) when I decided to resign…said employer refused to pay what was due to me & made every lie in the book when the labour officials investigate & had no proof to substantiate the claims, but I had all my evidence, now all labour dept kept saying was that they are mediators where is my justice..I had to take actions myself and the matter still not resolved..what I am saying is that employers have concerns, employees have concerns, and both parties think that labour department has clout but they don’t..the labour law CLEARLY states that if an employer REFUSES to (pay what is due to an employee upon resignation-according to said labour code) said employer will be fined $X…however, who enforces this? Certainly not the labour dept. Guess who? A tribunal…guess what? There is no tribunal set up as persons has not been installed…Guess what? the joke is on me and every other non-belonger that has been unjustly treated. The labour code is a joke ( especially where thr rights of non-belongers are concerned) They put pen to paper but no actually systems are in place for check and balances snd for justice. We need each other…businesses need employees…people need business for employment…the labour dept is needed to help FIND solutions AND TAKE decisions according to the stipulations of the labour code when there is a rift between employers and employees…leh we FIX dis thing..we need each other…lest we forget from whence we came.
How this employer making it sound is like she desperately wanted the non BVI belonger to go home. I understand that sometimes island ppl does mock up when the reach here, but labor department need to look into the these employers because the way they treat there staff most times, it is just not right!!!! And when they realize the can’t trample over you, they always quick to send you home!!! Get with it in Tortola as long as you have a popular last name you can get away with murder in Tortola. It is not only immigration alone corrupted, it is the whole system!
The question is: Why did this employer employed a Non Belonger while there are so many Virgin Islanders and Belongers unemployed. We should not feel sorry for this employer. I do agree that the Labor Department needed to be overhauled.
I should be running the labour department.
i know who the employer is talking about. she is a well known i**tch and a snake under the grass. we will hear more about her lil escapades to get where she is going.
some folks do anyting to stay here – the grass is always greener from where they from
The man is just mad b/c he couldn’t deport the subject a common practice use to intimidate the None Belonger worker. What should he care if the subject got some else to sponser him-case closed. Also- we are only hearing your side of the story. Why don’t you allow the subject to tell his side and lets see what he have to say.
If someone else was willing to sponser him maybe the subject is not so bad.
This employer has a problem that’s why he can’t keep any employees for too long. Imagine he a non-belonger and trying to make trouble for another non-belonger. You need to learn to respect people firstly. The labour people know that you have a problem because is must be like a hundred permits they done process for you. May they should now think about not issuing any more to you…he he he. But seriously you need to address your problem first before you come writing this article.
yes and the person who is sonsoring her has a high staff turnover. he keeps laying off staff. he cant keep a viable business open. most of his best staff are now working for the competition. so shut up. and he is notorious for other stuff with his staff…
yea – I heard all about he and the ‘casting couch’ – lol
Don’t need to sound negative but that is the price you pay to live on a small island. belonger or non-belonger if you stand up against injustice you will be victimize. There are quite a few Virgin Islanders who can attest to this (government employees) officials bending the rules for family & friend etc. I can go on & on but you got the picture. We need divine intervention to help us change our wicked ways,
It appears that ‘Employer’ wanted to ensure that this individual did not get work again in the BVI that is why he/she is ranting, not because of the way this employee was quickly hired.
Until the Government starts to seriously consider that they are not in the business of making money from work permits and address the needs of the country, they will continuously have these problems.
Every Tom, Dick and Harry flocking here — some with bad attitudes and behaviour. The people that came of old were more law-abiding and industrious. We have to do proper screening of these individuals before they are let in our Territory. We are not a ‘free-for-all country,” otherwise we will be saddled with ‘free-for-all crimes and situations. Where are the visionary leaders, man? Don’t tell me they all have died? Injection of new visionaries needed to run our country. I trust that help is on its way.
This Fish Bay fight is a long standing dispute. I would like to suggest to the write that once he dismisses an employee his obligation stops there.There is no need for him to go snooping around to find out where the ex-employee is sleeping or what he/she is eating . Use the time to invest in running your business, not spying.
When a person signs a bond and employ a non-belonger he has to comfirm with the condition of those bonds. It is people thinking like you is why BVI is changing.
my thing is HE DISMISS THE EMPLOYEE YES ‘ THAT ALL YOU NEED TO DO , u have already get reed of the employee , its not your problem were they ended up , one of our biggest problem here in the bvi is that we as employers (SOME OF US ) FEEL LIKE BECAUSE WE HAVE PERSON SPONSER WE OWN MEANING THEY MUST PUT UP WITH OUR (BULL CRAP) and when they had enuff and say they not doing it anymore WE GET VEX AND GO TO LABOUR DEPT, IMMIGRATION AND WANT TO HAVE THEM DEPORTED ITS NOT RITE IN GOD SITE , THAT IS WHY SOME OF US BUSS, NOT BEEN BLESS AND PROPEROUS WHY U MAY ASK , LOOK AT HOW YOU TREAD OTHERS SOMETIMES THESE ARE GOD FEARING PEOPLE AND GOD DON;T LIKE UNGLY SO AS WE GO FORWARD IN 2012 LET GO WITH LOVE , LET LOVE LEAD, WORRY ABOUT YOUR SOUL IS IT RITE OR IS GOD UR EMPLOYER ONLY GOD KNOW AND HE IS STILL IN CONTROL I KNOW IT MAYNOT SEEM SO AT TIMES BUT TRUST ME HE IS THAT IS MY 2CENT
The former labor commissoner gone. Hopefully things will be better from now on. I know Ms Rhymer is a no nonsense person.
A thought provoking read! However, I do not know the other side of this story and as a consequence will not join the bandwagon in drawing conclusions. A word of advice: let us strive to explore the truth in its intirety before we rush to judgement in 2012! It is crucial principle in the concept of free speech in a democratic society! Happy New Year!
The person said they have proof. You know what gets to me some persons when they want a job they tell you yes yes yes no problem. They get the job and when the boss starts to tell them what is required of them you here no no no and i can stand my boss. Please there a people need to understand these are not the days to fight and loose you job.
THESE PEOPLE ARE BELONGERS NOT WORK PERMIT ! AND THEY KNOW BETTER! BUT PEOPLE JUST TRY ALL KIND OF STUFF BECAUSE THEY KNOW THAT THEY COULD STAY HOME AND COLLECT MONEY FOR A COUPLE OF MONTH AND WONDER WHY WE ALWAYS WITHOUT MONEY THE MORE YOU STEAL THE LESS YOU SEE
I would have just been glad to get rid of the person if they were that bad. Don’t care where they ended up. I wonder if the employer considered a belonger for the position (much easier than dealing with all the work permit stuff). Thanks for the story though.
I think that both parties labor and employers need to respect each others positions, The problem is that employers pay employees to work and some employees do not work they just take their employers money for doing nothing, and when they are spoken to! get upset and when they get fired they have labor giving the employers monies to the employee who collected mmoney already for doing nothing . but wooo wooo to all who do wrong for we do not work for employers. but ourselves. Jesus said behold the day when man cannot work be carefull curruption is at it best in all over the world.
My over all question is where do you go to to seek justice if the labour department is simply not doing their job….I need help with a situation and my efforts to get it justified with labour has just proven to be a waste of time… what do I do?
go to the complaints commission. that is what they are there for.
These situations are very common. Personally, I our company evidence via CCV is not even enough for non-belongers to have to leave this country. I have managed to come to terms with it and move on with my business. However, I see why our values have been deteriorated. Non-belongers who contribute positively to our society should be allowed to stay in this terriotory however, dishonest persons should not be given the same privilages. In this situation in particular, just wait. That employee with do repeat the same behavior maybe even something worst. In a short time the new employor will be calling you saying he should have listened.
i think they should give this job to tony in fish bay he is a belonger
It’s all about who you know. We advertised for a employee a while back in the papers and NO ONE answered. So, we found a willing, experienced person from overseas. However, their WORK PERMIT was denied (no reason given). We called labour office, begged and they said no. We even said that no one else had applied, but labour didn’t care. So, we approached a ‘senior government official’ and they advised us to just go to the top and tell them that we need a work permit for so and so. And hey presto, it worked. Such crookedness, but it worked in our favor. I guess we are one of the lucky ones!
yes i think labour is who know that guyanese woman theif from … went to jail n still got a work permit to come back to the bvi all because is who know who. The other day they were looking for her records n they cant find non again all because who know who……..
Whoever wrote this letter, I applaud you. You need to ‘come out’ and expose the Labour Dept for what it is.
I too, sat with my employee at the Immigration Dept some time ago, while they preached to us about NON-TRANSFER OF WORK PERMIT WITHIN THE FIRST YEAR of employment on this island.
Whatever happened to that? I thought that was mandatory?
Still, we all know that it’s ‘who u know’. But this s*&^ need to be exposed. Maybe take it to the Complaints Commissioner as I hear they do a thorough job?
I too feel your pain. I mean, who can you complain to? If you take this to a lawyer, it may back fire as you’ll need another employee who will probably need a work permit. But this MUST come to light. The whole corruption in the Labour Department, starting at the top all the way down.
Already
New Government 
New Problems!!!
dem now right the letter but it happen with the old one
all of this information is nothing new in the territory however it would carry much more impact if the employer had identified himself
Knock Knock… hello there
Mr/Ms Employer… I understand your situation and yes what occured is outright corruption… Ok now stop for a minute and take a deep breath and read the following line.
The suggestion of a NON BELONGER managing the LABOUR DEPARTMENT is NONSENSE…
Now you can EXHALE….
Look! The injustice you describe is what it is, a serious injustice and should not be tolerated. The fact that we have questionable valid members of our House of Assembly now you want a Non-Belonger to be head of Labour or Immigration??!! God help us in this place called the VI!!!
I urge VIslanders to get serious and think about what we are doing as a people. Condoning wrong behaviour and evading law just for a dollars is sending us down a path of destruction!
can I get a post like that in your country? ain’t no way in hell a non-belonger should be given such privalige.
Very unfortunate, if this was elsewhere the official would be dismissed too but once u bahn heyy yu bahn heyy
I do not agree with a nonbelonger running labour but i feel your pain. the employers are their worst enemies!
You sound very retarded! Despite what you are saying, I see no reason why Non-Belongers should be considered for such a post. This is 2012 coming and you people better stop this nonsense as I am growing really sick and tired of you demanding rights that you know for a fact that you could never have in another country.
youre calling the person retarded for making a suggestion? its the persons right to opinion. stop overlooking the real message – an employer was victimised!
LOL i must laugh at this because you my friend are the one who sounds retarded and no doubt a BVIslander….im any case, i dnt think this article was intended to enforce any laws or demand anything, but a mere attempt to shine some light on what goes on. I myself am not a BVIslander and have been subjected to favoritism and otherwise, and not to my benefit mind you, but i have perservered through regardless. But in all honesty someone needs to look at the depts and who is using their position and their Know-who to get things done for those who dont want to go thru the regular procedures, but give us who follow every letter to the ‘T’ the run around and prolonged the process unnecessarily! So for you…”PLEASE” go look work to do and save your incompetent comments.
finally someone with sense and reasoning. thank you
Go look work eh?! Work will be available for VIslanders and Belongers if our workforce was not so saturated with foreign workers. Ease new work permits and not renew ‘some’ to balance the workforce.
I feel sorry for you, and i made this statement before, if the employers could find locals that arent too lazy or feel they too good to do certain jobs to come and work for them, they wuddnt have to “import” someone from outside to do the work, so yes the work may be available goin forward but will the ppl take the initiative, thats the next question to put up, so we can hear the excuses “ayuh” come up with!
How do you know that this employer is a non-belonger. Nowhere in the article does it say. They just expressed an opinion about whom should be running the labour dept.
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