Don't blame the workers for contempt of court, blame the Union

CHANDAPIWA BAPUTAKI
Staff Writer | Monday May 2, 2011 00:00

 

On Friday government lawyers furnished the Court with a list of over 500 workers, in the essential services category, saying they defied the  April 27 interim Court Order that ordered them to return to work after joining the strike on April 18.

However the union representative, Senior Advocate Alec Freund argued that the employer was placing the blame on the wrong people. He said no worker can be in contempt because it is the duty of the employer to get the unions to do what they want them to do and therefore the union should be the one found to be in contempt of the order if the workers do not go back to work.

Advocate Freund said it was bizarre that the director would say it was the responsibility of the unions to notify the essential services workers who were supposed to remain at work. He argued that it was supposed to be the responsibility of the employer as unions were not 'police officers' to check who is at or not at work during the strike.

He argued that essential service employees can strike provided there is an agreement on the number of those who will remain behind to give services. However, Parks Tafa, representing government, argued that essential service employees are prohibited from embarking in any industrial strike. He added that they are supposed to refer their dispute to the Commissioner of Labour who can then refer it to arbitration after failing to resolve it.

Tafa argued that the fact that about 50 doctors at Princess Marina Hospital and all non-essential service employees left the hospital unattended to participate in the strike was unlawful.  The list of such essential service personnel, who are not directly involved in the medical side of the health service was listed as cooks, cleaners, potters, mortuary attendants, laundry staff, grounds men and drivers amongst others.

Tafa further said the different unions on strike in their collective bargaining agreement with the employer had agreed that in the event of a national strike, they will maintain essential services and provide for the orderly running of the shut down institutions. He said they also agreed to provide minimum service in the event of a strike. The ruling will be made on May 6.