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Complaints of bias against locals in construction

The Human Rights Commission is conducting an inquiry into alleged systemic discrimination against Bermudians in the construction industry.

The probe, likely to last several months, is being aided by the Ontario Ombudsman and will look at at least half a dozen companies, big and small, after complaints about unfair pay rates and promotion opportunities.

Complaints first came in 2007, but action by the Human Rights Commission (HRC) was halted until a landmark legal appeal to the Privy Council allowed cases to be fought on discrimination by nationality.

A statement from HRC chairperson Venous Memari said: "As a result of several complaints the HRC has received from Bermudians alleging that they have received differential treatment in the construction industry, the HRC will investigate the rate of pay, training, apprenticeship and lines of progression for advancement within construction companies, based on evidence it receives."

She said information and identities of complainants and anyone who assists with the probe will be kept in confidence.

And she warned that retaliation against a complainant or informants is against the law.

Construction Association of Bermuda (CAOB) president Alex DeCouto denied yesterday there was "systemic discrimination" against Bermudians in the construction industry.

He said the CAOB promotes Bermudianisation and training as a cornerstone of its Code Of Ethics, which every member commits to.

He added: "I'm not sure what an investigation on pay will uncover to be honest.

"Unlike other industries such as hotels, cleaners and restaurants, the construction industry cannot import unskilled labour that has to be Bermudian.

"So the only foreigners will be highly skilled, and therefore highly paid, workers so there may be a difference in average pay.

And he said 30 percent of Bermudian workers in the construction industry are working owners. "So how their dividend pay will be factored into this equation will be interesting."

He said training, apprenticeship and advancement leans significantly towards Bermudians, and the only formally recognised training available locally is through the National Training Board (NTB) which only sponsors Bermudians.

"There are probably several hundred registered apprentices and they are only Bermudians.

"Coupled with the fact that the industry can only import skilled labour not trainees or apprentices I think the findings will dispel that myth."

Mr. DeCouto said in conjunction with the NTB, the Construction Association acts as training sponsor for most of the construction trades. Training is performed locally and the Construction Association receives test scores for every individual module.

"Last year over 800 individual modules were sat by over 100 apprentices and trainees all Bermudian."

Asked why he thought the complaints had been made Mr. DeCouto said in contrast to most working environments, life safety in construction is a significant factor.

He explained: "Every day people are putting their lives at risk working under cranes, at height, with electricity, etc."

He said on job sites the management style necessary to operate in an environment like that is like in the army autocratic.

"People need to follow orders in order to stay safe, no questions asked," said Mr. DeCouto.

"An unfortunate side effect of this is that it can create resentment in employees. I wouldn't doubt that there may be instances where employees have perceived to have been discriminated against."

Mr. DeCouto said he hoped the investigation doesn't paint in a bad light the thousands of employees and managers in the industry that do manage to get along and work effectively.

"The work is hard enough," he added.

The construction industry has been a source of controversy recently with Immigration Minister David Burch announcing ID cards would be brought in for expats after complaints about illegal workers.

Then Sen. Burch announced that work permits for electricians, carpenters, masons and plumbers would be placed under closer scrutiny.