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Lister sticks to his guns over overtime payments

Government will not be watering down its commitment to ensuring fair overtime during amendments to the Employment Act says Labour Minister Terry Lister.

Changes to the act are currently being hammered out in the tripartite Labour Advisory Council with amendments to the act set to go to the summers session of the house.

But Mr. Lister said Government would not shrink from its goal of trying to ensure a level playing field between employers on overtime rates.

Section 9 of the act which came into force in March last year says any full-time non-managerial employee who works in excess of 40 hours a week should either be paid at the overtime rate or receive his normal hourly wage plus time off in lieu.

Mr Lister said: "The reality is some of these things will cost money. There's no getting around that."

He said some employers were threatening to import more foreign workers if Government forced the overtime issue.

He said: "They say if you put the employment act on us and make us pay time and a half and double time after 40 hours, we will have to bring in more workers to Bermuda, so everyone is working 40 hours, we will have to cut back the hours."

However, Mr Lister said he would not resort to urging immigration to step in with sanctions. "I am not trying to do a carrot and stick thing."

Mr. Lister said an Employment Tribunal, set up to sort out employer/employee disputes arising under the act had been very busy.

"We are going to make their findings public to the same extent as the human rights commission makes its results public.

"We will produce an annual report which will give an overview and will discuss some case results. However the identity of the party will always be secret.

"But what we want to do is establish good working practice so every time a case goes to the tribunal a decision rendered should set the standard for that area."

He said investigating officers could use these standards to advise employers and employees of the likely outcome of their case so the two could come to an agreement.

"In the interim we are releasing to the employers and the unions a summarised outcome."

He said most disputes were resolved before they got to the employment tribunal.

"Our office has been very busy in the last six to eight months dealing with the Employment Act. It's been very challenging for them. However, we have actually only had one case completed and one case go through."

He said hardworking Labour Relations Officers had helped settle cases before things went to tribunal which existed to make sure employers and employees abided by the Employment Act.

He disagreed that there had been more labour unrest under the PLP than the UBP. He said: "What you have always in labour relations is the threat of strike, the discussion of strike and occasionally an actual strike.

"The only strike I can think of that was any length of time was the teachers strike since we have been in government. And that was an illegal strike.

"It was really unbelievable that the teachers who we hold up in such high regard would break the law so blatantly. It was very disappointing."

However, Bermuda Employers Council executive director Andrea Mowbray disagreed that all had been rosy on the labour front.

She said: "I have noticed a tendency within the last couple of years to walk first and grieve later rather than grieve first and walk later."

She said it was better for workers to do the latter to give them more legitimacy in negotiations. And she said said some strikes had been aimed directly at Government including the teachers strike as well as the one-day island-wide stoppage by Bermuda Industrial Union workers in February last year.