Fire them! BVICC Chairman slams Labour Commissioner’s remarks
BVI Chamber of Commerce Chairman Sinclair Flemming has urged employers to dismiss workers who repeatedly fail to meet workplace standards, while calling for a more balanced relationship between the business community and the Labour & Workforce Development Department.
Flemming made the remarks in a video response to a news report which outlined Labour Commissioner Mervin Hastings’ advice to jobseekers entering the workforce. Hastings encouraged workers to document warnings, evaluations, working hours, payslips and correspondence with employers.
But Flemming suggested that some of Hastings’ comments were presented without employers’ perspective, even as he acknowledged that the Commissioner had acted properly by explaining workers’ rights during a recent career workshop.
“Just to be clear, Mr Hastings did the right thing. He’s the Labour Commissioner. They asked him a question at the [workshop] and he stated what the employees’ rights are,” Flemming said.
However, Flemming objected to messages which, he said, encouraged employees to enter workplaces and compile evidence against employers. He argued that the Labour Department must represent both sides of employment disputes.
“We cannot have government officials coming out and telling employees to act like Inspector Gadget or Sherlock Holmes on persons’ job site, recording… and getting stuff together.”
Employee Complaint Department
“The Labour Department is supposed to work for both sides. This is not the Employee Complaint Department,” Flemming stated.
He encouraged employers to provide payslips, deduct and pay the required taxes and ensure that workers have the resources needed to perform their duties. Flemming also advised businesses to document misconduct, explain probationary requirements and provide workers with training.
However, he said businesses should dismiss employees who continue to disregard workplace rules or undermine the company’s culture.
“If these people come to work on your site and they don’t reflect your company culture, fire them! Get rid of them!” Flemming stated.
He added that employers should first speak with employees, provide training and give them opportunities to improve. Flemming said managers and business owners must also receive training and accept responsibility for their conduct.
“Everybody need to be trained from the top come down. I’m not leaving out the persons in charge, but we need to have a holistic view,” he said.
Keeping records
In his message to job seekers, Hastings urged workers to keep written records of their duties, hours, wages, rest periods, and leave entitlements. Hastings also advised employees to preserve payslips showing deductions for Social Security, National Health Insurance and taxes.
Flemming agreed that workers should secure those records and understand their entitlements under the Labour Code. However, he rejected any suggestion that employees should routinely record workplace conditions to prepare complaints.
“Don’t just tell employees to come on a job and be like Sherlock Holmes. I don’t like that and we need to stop it,” Flemming said.
He said the Chamber stood ready to work with the Labour Department to distribute information about employers’ rights.
“We want to work together. Please, let’s work together to make sure the information get to who it needs to be before it spins out and wrong things have to happen,” Flemming stated.
Copyright 2026 BVI News, Media Expressions Limited. All Rights Reserved. This material may not be published, broadcast, rewritten or distributed.
While the Labor Commissioner’s primary responsibility is to protect workers’ rights and ensure compliance with labor laws, it is equally important that the office maintains a reputation for impartiality and balance. Public confidence in the Labor Department depends on employers and employees alike believing that their concerns will be dealt with fairly and objectively.
There are times when the Commissioner’s public statements can appear to favor the employee’s perspective. While advocacy for fair treatment of workers is essential, so too is recognition of the many employers who strive to comply with the law, provide opportunities, and contribute significantly to the Territory’s economy.
Healthy labor relations require cooperation, mutual respect, and a balanced approach. The Labor Department should be seen not solely as a defender of employees, but as a neutral regulator that promotes fairness for all parties.
The BVICC’s response highlights the importance of maintaining this balance. Constructive dialogue between government, employers, and employees is far more likely to produce positive outcomes than public exchanges that risk deepening divisions.
Ultimately, the goal should be a labor environment where both workers and businesses can thrive, supported by a Labor Department that is fair, professional, and demonstrably impartial.
At least there’s still a few who are brave enough to expect a sincere work ethic from their employees, a fair days work for a fair days pay with each side of the relationship respecting the other.
Protectionism almost always breeds inefficiency and lethargy. Whether we are talking about institutions, processes or people, and once people are insulated from consequence, the incentive to improve or take initiative or even to meet the minimum standard inevitably begins to disappear.
Allegedly, it is the opinion of most that the Labor Department always takes the side of employees against employers.
Unless they are dealing with foreign-owned companies, like trust companies, in which case employees would be put in their place even if their rights were violated.
Mr. Hastings is struggling under the weight of his over inflated ***. What is the role of this dis-functional Department anyway?
When people work ….pay them what they earn. Whether they are local, expat, illegal or other wise. Be fair with this….
Why are illegal people working? Businesses need to start getting charged for encouraging this type of behaviour.
Just asking
Costing company money
Does work when pressured
Sleeps on job
Always sick
Usually roaming around
Yet other people got to pick up the slack.
Yet thhe employee is threatening to go labour if dismissed. So guess what everybody doing what they want! Pure BS
Hastings said what he said because many businesses in the Virgin Islands are exploiting their employees. From stealing their NHI and SSB contributions to paying minimum wage for years, no overtime pay when working them over time, not paying them on time and having them in unsafe working conditions. I even heard that there are people who are being paid less than minimum wage. But because of who they are, you dare not report it. So what Mr. Fleming is asking for (firing them) is already happening when they try to stand up for themselves.
What Labour Commissioner needs to do is to weed out employers in his department that are not CONFIDENTIAL to such disputes where they are being treated unfairly by employers especially one that runs and tells employers(their friends) what their employees complaints and grievances. Who also runs their own laundry business. I had numerous friends gave up on the Labour department due to sharing sensitive information on what their employers did to them; only to be told and blackmailed on their issues! Send that lady home from east!It is unfortunate.