Labour minister has no legal power to reinstate Perriott
His offer to help Christine Perriott was emphatically spurned by the unions and his entreaties to B.T.L.’s management were dismissed as political grandstanding. That makes Labour Minister Francis Fonseca very much a man in the middle, a veritable U.N. peacekeeper standing between Hezbollah and the Israeli army. Today Fonseca told reporters that the N.T.U.C.B. is demanding that he do things–like order the reinstatement of Christine Perriott–that are beyond his control.
Francis Fonseca, Minster of Labour
“There is no provision in the law—and the NTUCB can show me otherwise if there is they know otherwise, as I said to them—for any minister of government, any Ministry of Labour, or any government official to order the reinstatement of an official, so we cannot comply with a demand that is outside of the law.”
Jules Vasquez, Channel 7
“So then the unions will strike.”
Francis Fonseca
“Well, unless good reason prevails. … There is no provision under the law in Belize for the Minister of Labour or the Government of Belize to direct the reinstatement of any worker in a private company. There is one provision under the law, under chapter 304 of the laws of Belize, what is called the Trade Union Recognition Act. There is one provision under that act, section eleven, I believe, which provides for union officers who feel that they have been aggrieved, who believe that they have been discriminated against because of their union involvement or functions as a union officer, for them to make an application to the Supreme Court filing a complaint to the Supreme Court that they have been aggrieved. And is it then, only under that provision that the Supreme Court, in its discretion can make a determination whether or not that person can be reinstated if, as the law says, it is reasonably appropriate. That is the condition placed on the law. So that is the only provision under the law which allows for reinstatement of a person to their private employment and that has to be done through the Supreme Court and it has to be an application directly from the aggrieved person to the Supreme Court. And that act is grounded in this I.L.O. Convention that you hear the union talking about. It is that act that was passed as a result of that I.L.O. Convention.”
Kendra Griffith
“Is there anything though that government or yourself can do to try and diffuse the situation with the labour unions so that it does not erupt into something very serious?”
Francis Fonseca
“Absolutely, that is what I have been trying to do everyday, sitting down with them, talking to them, making the point to them that I think the greatest threat to unionism anywhere, here in Belize and globally, is when the unions act outside of the law, so I think it is very, very important for them to get proper advice. If they don’t want to take my advice, then they can get advice elsewhere of exactly what the legal position is and what their legal options are. And I have just laid out to you what the legal position of the Ministry of Labour is very clear. And I think if the unions follow that legal process to its end, give that legal process a fair opportunity to work, I think Belize will be well served and the union movement will be well served.”
Kendra Griffith
“Do you think right now that they are acting outside of the scope of the law?”
Francis Fonseca
“Not yet, not yet, but there are threats that they might want to do so. … We certainly want to avert any strike action. Strike action will not serve anybody’s interests. B.T.L. is a very, very important company, telecommunications services is absolutely critical to the economy and people of Belize and many, many innocent people will be hurt both in their pockets and otherwise by strike action. So we want to avoid that under all circumstances, but the only way to do so is if we follow the legal process and allow that legal process to run its course and to work.”
And while Fonseca tried to mollify the unions, he continued to chide B.T.L. for pouring gasoline on a fire that he claims was well on its way to being extinguished.
Francis Fonseca
“Even if there were a determination to be made that she had been lawfully terminated, I still view it as an act of bad faith. Bad faith towards the Ministry of Labour, disrespectful of the process that we were engaged in. I had convened all the parties around the table, we were having discussions; I believe productive, progressive consultations. We were within a twenty-one day notice period of intended industrial action and we were trying everything we could to resolve that dispute in an amicable fashion and Mrs. Perriott was one of the negotiators around the table representing the Belize Communication Workers Union, so I view it as an act of utmost bad faith for B.T.L. to terminate her at that time when they knew we were actively engaged in this process.”
According to a bulletin issued today to employees by B.T.L. management, it appears that the issue that really got under their skin was Christine Perriott’s references to the claims of minority owner Jeffrey Prosser and the union’s apparent support for Prosser’s bid to regain control of the company’s board of directors.
