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Carpenter tells HRC Board he was discriminated against because he is Bermudian

Pernell Grant alleges that he was unfairly discriminated against as a Bermudian working in carpentry.

A Bermudian carpenter complained to a Human Rights Board of Inquiry that foreign carpenters on construction sites were treated better than him.Pernell Grant, 47, alleged that Canadian carpenters he worked alongside at Apex Construction were unfairly given housing, transport and food allowances when he was not.Mr Grant, who has 30 years’ experience as a carpenter, claims he was discriminated against as a Bermudian on the basis of his national origin.However, the tribunal heard allegations from Apex and other employers that Mr Grant was argumentative and disruptive with a poor standard of work.Lawyer Jai Pachai, representing Apex at the inquiry, argued that Mr Grant managed to negotiate more favourable working conditions than others, and therefore was not discriminated against.Mr Grant, from Smith’s, began working for Apex in September 2006 and was terminated in April 2009.He filed two complaints to the Human Rights Commission relating to his work for the firm. The first, in September 2008, alleged he was treated less favourably than foreign workers.He later complained in July 2009 that Apex retaliated over the first complaint by firing him.“I believe that foreign carpenters working on the site make at least as much money as myself but also receive time-and-a-half pay for overtime in addition to free housing and transportation,” stated Mr Grant in his original complaint.In answer to questions from Mr Pachai yesterday, Mr Grant confirmed that he complained about Apex to the Bermuda Industrial Union and the Department of Immigration within days of starting work in September 2006.He later complained to the Labour Relations Department on a number of occasions. He described this as “my right as a Bermudian”.According to Mr Pachai, Apex offered Mr Grant a job despite him failing to turn up to an interview and presenting them with an incomplete resume. The carpenter then refused to sign his contract of employment.The contract stated that he could work overtime if he agreed to do so, and this would be paid at the normal rate of pay, not time-and-a-half.According to a statement from Apex Construction manager Andrea Battiston, all non-management employees are paid “straight time” for overtime and have the option whether to work it or not.Mr Battiston explained the policy enables the firm to meet their budgets on contracts.Mr Grant argued he was entitled to overtime at time-and-a-half, and the Bermuda Industrial Union stepped in in late 2006 to negotiate an agreement that he would be paid as such. However, Mr Grant told the tribunal he continued to be paid at the regular rate for overtime, despite the agreement.Mr Grant also refused to accept a wage of $25 per hour, and Apex ended up offering him $26 per hour.The tribunal heard that in late 2007 or early 2008, Canadian carpenters were sub-contracted to do work for Apex. Mr Grant believed, when he filed his complaint, that they were being paid time-and-a-half for overtime.However, according to Mr Battiston’s statement, the Canadians were working under exactly the same conditions Mr Grant was originally offered and rejected. That meant they would be paid at straight time if they agreed to work overtime.When Mr Pachai pointed this out to Mr Grant, and read the foreigners’ employment contracts to the tribunal, Mr Grant replied: “I can only accept what you just read to me”.However, he told the tribunal he still believed time-and-a-half was his “right” and alleged that Apex tried to “coerce” him into accepting a revised contract whereby he would only get straight pay.When he was allegedly told by Mr Battiston in June 2008 that he would no longer be able to work any overtime, he complained to the Human Rights Commission and Departments of Labour and Immigration that he was being “penalised“ because the foreign workers were still apparently working overtime.Mr Pachai suggested to Mr Grant that since he managed to negotiate special employment conditions, he could hardly complain about discrimination in favour of foreigners.“He received more favourable terms than anybody else,” Mr Pachai told the tribunal, which consists of three members; chairman Paul Harshaw plus Thad Hollis and Angela Berry.Mr Grant replied: “Not necessarily. They [the foreign workers] get free housing, transportation, food allowance. I will negotiate something favourable where I can profit. I had to pay rent. They didn’t have to pay rent.”Mr Pachai also read statements about Mr Grant’s behaviour.According to Mr Battiston, Mr Grant was given warnings for working unauthorised overtime, failing to pay back overtime he was paid in error, lateness and “ungentlemanly and aggressive behaviour”.Mr Grant admitted to the warnings, but said the allegations about his behaviour were “a lie”.Mr Pachai also read letters from some of the carpenter’s former employers including Joe DeSilva and Jeff Amaral, both of whom fired him. They reported that he was “difficult” and “disruptive” and delivered a poor standard of work.Mr Grant said of this: “I’m well trained and well capable to do the job.”The case continues.