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Burch to employers: Bullying must end

Labour and Immigration Minister David Burch

Nine companies accused of abusing their foreign employees have been told they will get no more work permits issued unless they smarten up their act.

Labour and Immigration Minister David Burch revealed the news yesterday, telling a press conference that a flood of guest workers had complained about abuse — ranging from intimidation to pay as low as $8 an hour — after he urged victims to come forward in January.

He also claimed that Bermuda was becoming known as the "last slave frontier" in Jamaica because of how badly its citizens are treated when they come here to work.

"Adult bullying is alive and well in Bermuda," he said. "The level and severity of the complaints are so distressing, that I can only imagine the nightmare the recipients of such abuse are living under."

Senator Burch said the majority of complaints so far were from blue collar workers and claimed Jamaican employers with Bermudian status were the "greatest offenders".

He said they were mistreating their fellow Jamaicans. "Check your behaviour now before you find yourselves in the hot seat," he warned.

"I will not continue to issue work permits to offending companies so that they can continue to discriminate against their own countrymen, especially since they don't go home and report that a Jamaican is treating them bad in Bermuda.

"No, the story back home is that they are being treated badly in Bermuda."

He revealed that two hairdressing salons were recruiting Jamaicans on three-month temporary work permits and firing them before the permits expired and sending them home.

"In many cases, these people have left a job and the security of their homeland to seek a better life in Bermuda — only to be just cast away after a mere three months of employment."

He added: "Employee ill treatment is not exclusive to Jamaican nationals. But this sort of behaviour will not be tolerated against any worker in this country, be they Bermudian or a guest worker."

The Minister said he had no idea his public call to guest workers to report abuse — be it verbal, non-verbal, psychological, physical, sexual or emotional — or a subsequent meeting with members of the Jamaican community would prompt such a response.

"I cannot be proud of such a response," he said. "Within one week over a dozen complaints were lodged, ranging from ill treatment of workers to non-payment of salaries, no medical insurance and no social insurance, in spite of the fact that money for these expenses was deducted from the employees' pay cheques.

"I am shocked and appalled at what I have witnessed and learnt over the past few weeks and I certainly cannot countenance allowing it to continue."

Sen. Burch said nine companies — mainly construction firms and retail outlets, including the hair salons — had received "natural justice letters" and would be granted no further work permits or have expired work permits renewed "until they have rectified their situations".

"These businesses have been told that you just can't operate that way. Just from a human being point of view, it's just not something that I can process. They don't like it. They don't like being told what to do."

He pointed out that some of the employers' actions — such as failing to pay health or social insurance — could be criminal and they may face prosecution.

The Minister, who has responsibility for the Department of Immigration, said he would resist naming "the guilty" at this stage but would do so if there wasn't a dramatic improvement.

Asked how he knew all complaints were genuine, he replied: "Where there is smoke there is fire and [in some cases] you have half a dozen employees, their entire staff, lining up to say: 'I'm in the same position'."

He issues this message to employers: "Unless your business is conducted in a proper manner, you will not be in business in Bermuda."

Sen. Burch said the stagnant job market might be giving employers the false impression that they could abuse their staff. He said they may also be taking advantage of the fact that guest workers employed for less than two years are placed under greater scrutiny by Immigration when seeking alternative employment.

But the Minister said his staff would be exercising "some flexibility" when it came to allowing victims of workplace abuse to look for another job and that he had been giving permission for people to stay on the Island.

Sen. Burch said guest workers were especially vulnerable due to their fear of being sent home on the "first thing smoking" if they spoke out.

"Bermudians aren't going to put up with the nonsense and Bermudians don't have the same level of fear."

He added that some locals were also subject to abuse, with non-Bermudians in the white collar sector "trying to chase you off your jobs and off your Island". He urged them to also lodge complaints.

• Have you been the victim of workplace abuse and want to tell your story in The Royal Gazette? Email news@royalgazette.bm or call 278-0137.

• To report workplace abuse contact either the Department of Labour and Training or the Department of Immigration.