My first feeling of dismay and personal loss, in reference to a political event, was the break-up of the West Indies Federation. I felt it personally, and it took me many years to stop blaming Alexander Bustamante, whose opposition led Jamaican prime minister Norman Manley to call a national referendum on the issue. I came to learn a lesson that was valuable later in life when it comes to teamwork: "Ten minus one equals nought."
I also learned something valuable about political loyalties as well, but we will not go into that here.
One lesson I learnt about teamwork, which is still applicable, is that business linkages are sustainable, and indeed, other than the West Indies cricket team, can be more tenacious than other interest groups.
The Caribbean Employers Confederation, the Caribbean Chamber of Commerce and the Caribbean Manufacturers Association come to mind, as they maintain regional contact because of communal interests, and because so many member organisations have branches or connections, and certainly interests, in many other Caricom member states.
As a result, labour and employment laws that affect one affect most conglomerates that operate in the region. Executives and professionals who move from one Caricom state for business purposes can be hired in one state and fired in another.
When terminations are challenged, it is useful for the stakeholders to have some cognisance of the legislation variations that face them.
The first foundational awareness to take into consideration is that most jurisprudence in the Caribbean has a basis in common law.
Although courts and industrial tribunals are not bound to each other, they do hold hands in a storm. Knowledge of how they approach matters of principle and traditional practice when it comes to industrial relations is useful.
In Barbados, for example, a collective agreement is upheld as a matter of honour, whereas in neighbouring countries such as TT, a collective agreement, once registered, has the force of law. In Grenada, a collective agreement, closer to the Barbados pattern, is distinguished from criminal law, and decisions in the case of a dispute arising are referred to the director of the Department of Labour.
In Barbados, the charge of "serious misconduct" means any grave offence which includes, but is not limited to, unprovoked assault, wilful damage to the employer’s property, proven dishonesty and refusal to carry out a reasonable request in accordance with duties.
Wrongful dismissal that is dealt with under the IRA in TT will be handled under the Severance Pay Act in Barbados and under the Labour Code, found in the Labour Relations ACT (2016) in Grenada. There is no distinction between "unfair" dismissal and "wrongful" dismissal.
In Jamaica, the Industrial Tribunal is the arbitral body that makes the distinction between a worker being dismissed in a manner which is lawful or not. A lawful dismissal can still be referred to the tribunal as being unjustified. In order for this to be done, however, the employee must not have a
