BIU demands Dock bosses reinstate unfairly dismissed worker; Union & SSL appeal Tribunal decision
WATCH our report above, SCROLL DOWN for the full press conference
The BIU today reiterated its message to bosses at Hamilton Docks: Hire back the worker you unfairly fired.
This, despite an Employment Tribunal ruling that the Docks operator has no obligation to re-instate the man in question.
The six month overtime ban at Hamilton Docks drags on, and the Port Worker’s Division are set to meet on Friday to review the situation.
At Bermuda Industrial Union HQ today, Division President Dawud Tucker made their expectations clear – and called for the community’s help:
“We would like to get, with the public support, management and SSL team to recognize… reinstatement rights.”
The matter concerns Chris Furbert Jr, son of BIU President Chris Furbert, who was fired in February 2020 following a verbal exchange with former Stevedoring boss Warren Jones.
It’s a case stretching over several years.
…and in November last year, an Employment Tribunal ruled that the dismissal was unfair, because SSL had not followed its own grievance procedures.
However, the Tribunal did not not order that he should be reinstated, and even reduced the potential compensation from $355,000 to $250,000, citing “the Complainant’s lack of financial evidence to mitigate his 232 weeks of losses and the Complainant contributing to his dismissal”.
The union maintains that the tribunal’s ruling of unfair dismissal should result in automatic reinstatement – under article 30 of the Collective Bargaining Agreement.
The Tribunal, chaired by former BPSU President Ed Ball Jr, indicates that the CBA was considered in its ruling.
We understand both the union and SSL are appealing the Tribunal’s decision.
WATCH our report above, SCROLL DOWN for the full press conference
It should be noted that Article 30 of the Collective Bargaining Agreement applies to the “unjustified dismissal or suspension of an Employee who is subsequently reinstated…”
Since the Tribunal ruled against reinstatement – does it make this part of the CBA inapplicable?
We have reached out to the BIU for clarity.
RELATED MEDIA:
Employment Tribunal Hearing, Chris Furbert Jr vs XXX, click HERE.
Employment Tribunal Quantum Award, Chris Furbert Jr & BIU vs XXX, click HERE.
Article 30 of the Collective Bargaining Agreement between BIU Port Workers & SSL, below:
