So, while that was the drama and ruction on the ground at the Port, the dispute landed in the courtroom of Justice Sonya Young this afternoon. As we told you, that's because the Attorney General filed an urgent application for an injunction on behalf of the Labour Department.
Before Crown Counsel Kileru Awich, who represented the Government, began presenting his arguments, Senior Counsel Godfrey Smith, who represented the Port of Belize, pointed out that the issue that the injunction seeks to address has already occurred.
He pointed out that the Port had informed both the Commissioner and the Christian Worker's Union of its intent to terminate these 36 employees with what they believe was enough notice. Smith also submitted to the court that the Government's application is basically late, and it wasn't because they were blind-sided by the Port of Belize.
Awich then presented the Government's grounds for requesting the injunction. From the Government's perspective, the Labor Laws make it a requirement that Port as the employer has to both inform the Labor Commissioner, and allow for proper consultation before they are allowed to move ahead with terminations.
This evening, Dr. Carla Barnett, the Labor Minister of State, told us, quote, "1 month's notice is normally expected when terminating. In the case of redundancy, it is required… It was on the 15 of July that they listed the 36 persons who would be released." End quote.
Attempting to make that point to the judge, Crown Counsel Kileru Awich submitted that the Port breached its statutory obligations to inform and consult with the Labor Commissioner on the proposed redundancy lay-offs. From the Government's perspective, because the Port did not properly consult the Commissioner, these lay-offs are in violation of the labor laws.
After the court hearing, we spoke with Smith about the Government's position:
Godfrey Smith, Attorney for PBL
"The other side had notice of the contemplated terminations from at least a week ago. They waited until this morning to file an application. I got notice of it, I was retained one hour before court began. By that time, as I indicated to the court, the termination had already taken effect. That is one order that the labour commissioner applied for and the other order is reinstatement, which we found to be an odd request because the request for reinstatement should come from the workers. We found it odd that the Labour Commissioner, before whom the complaints are to go, descended into defray and as it were chosen one side. That really is it. We thought there were no grounds for granting the injunction or the order for reinstatement. The arguments put on behalf of the attorney general and the labour commissioner was that there was a breach of the statute, failure to consult. We said no, there was no failure to consult. But if that is the breach that you are saying that the port did, the remedy for that is an order compelling consultation, not an order for reinstatement. It is the workers who need to bring that case. And I think if you were in court you would have heard the judge ask that very question. So in a nutshell thats it. In our view the Port of Belize has scrupulously followed the letter and spirit of the law."
Reporter
"CWU specifically has complain that what has happened here is a deterioration of industrial relations that all employees should take notice of and that your clients flouted the labour laws."
Godfrey Smith, Attorney for PBL
"I repeat, because we had very short notice, I repeat I am satisfied based on what I had seen that the requirements of the act have been fully complied with by the Port of Belize and the requirements aree in fact misunderstood by the other side."
The judge has adjourned the case until 10 a.m. on Friday, when she will give her decision on whether or not to grant the injunction against the Port.
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