Muschamp’s terms of reference for employment still not ironed out as yet

Sharie Muschamp, whose job as a receptionist at the International Business Companies Registry was in jeopardy a few days ago, was at her desk for a second day since returning to work on Monday.  Despite the fact that the terms of reference for her employment have not been ironed out, Muschamp is back on the job.  The mother of two was escorted off the compound last Friday, upon returning to work following maternity leave.  She was wrongly declared medically unfit by government’s legal advisor Gian Gandhi.  Today News Five spoke with attorney Audrey Matura-Shepherd who told us that they are giving the management of IBCR until the end of the week to finalize the conditions of Muschamp’s employment.

Audrey Matura-Shepherd, Attorney representing Sharie Muschamp

Audrey Matura-Shepherd

“The good news is that Shari is still at work and she went to work yesterday and today and she’s working.  The downside to it is that we have not had a response from Mr. Gandhi about the terms of reference of her employment or what they are thinking because remember now she goes back to work on the view that this was always my job, I’m going back to do my job, I have the same post, the same salary, the same benefits.  They have not said yes or no, we’ve asked for it in writing. They have not had the courtesy to respond to us. The reason we are not making a big deal out of it is because we are giving them up to a week to hear what the answer is. At least we know Sharie is in a job, come payday she will get a salary and hopefully it is the rightful salary and she will be able to now start paying off some of her bills and feeding her two kids.”

Isani Cayetano

“Do you believe that there may be an effort to try to frustrate or they may be any move to try to see if they can either expedite her departure, given the fact that you have put up some time of resistance?”

Audrey Matura-Shepherd

“Well there can be all kinds of move but I will tell you one thing, the good thing about this rule of law in this country is that she is protected by the law and she will seek her protection by the law that is why she retained her attorney. And the other thing is if that is what government tries to do or anyone there tries to undermine her employment. There are also laws and ways to deal with I, it may be that you have to go through a long court process but that is what you have to do to defend your rights. So art this point I can’t say yes or no. but my warning will be to them not try to frustrate it. Because when you are dealing with a mother who has two children and who has nothing else to lose she will fight back.”

Isani Cayetano

“The issue of the Social Security and the maternity benefits and what have you. Has that been resolved?”

Audrey Matura-Shepherd

“No that has not been resolved and that’s one of the things that we ask them to resolve. When it came to the Social Security, Mr. Ghandi tried to give the impression that she was paid all her benefits. That is not true. Social Security was not able to pay her all her benefits because there was no employer who was willing to say I am the employer and there was no one who was paying contributions. But what happened, Social Security using its discretion gave her some kind of benefit. Not the full benefit that she should have received and also there was a document that was stamped by IBC as her employer and that’s why she was able to get that.  Mr. Ghandi disputes that and says that it was stamped in error.  That could not have been done in error Mr. Ghandi, the young lady was employed, and no one had fired her. When government took over the company they took over the employees whether they viewed them as an asset or liability and they had to deal with that. The Prime Minister said that nobody was gonna be negatively affected. Sharie was holding one of the smallest posts there. Not because she is one of the underdog as she said. She should be the one to suffer. So as far as we know all the benefits were not provided for and that needs to be settled as well as part of whatever in the continuing agreement for Sharie  to continue work.”