?TWENTY-ONE RETRENCHED National Housing Corporation (NHC) workers are claiming unfair dismissal and are taking Government before the Employee Rights Tribunal for compensation.
Their trade union the small Unity Workers Union whose general secretary is Caswell Franklyn, initiated proceedings against Government last week.
Franklyn explained that each of the dismissed workers was employed for more than ten years.
As a result of the Caribbean Court of Justice’s ruling in the Winton Campbell versus the Attorney General of Barbados case some years ago, they are pensionable under the Pensions Act but would only be able to receive compensation when they reach 60 years,” he said.
However, as the NHC is a statutory corporation, the displaced workers can bring a complaint for unfair dismissal against the board under Section 42 of the new Employment Rights Act.
“I have started proceedings to take the matter before the Employment Rights Tribunal,” he said. “Initially you have to write a letter to the employer seeking compensation.
“If that fails, you go to the Chief Labour Officer under Section 42 under the Employment Rights Act and his office would try to get the two parties to agree, and if there is no agreement the matter would go to the tribunal to make a ruling.”
