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Overtime ruling

Industrial Union overtime dispute sets an important precedent for industrial relations in Bermuda.At the heart of the dispute was the question of whether employees can be required to work overtime. The union argued that all overtime, by definition,

Industrial Union overtime dispute sets an important precedent for industrial relations in Bermuda.

At the heart of the dispute was the question of whether employees can be required to work overtime. The union argued that all overtime, by definition, is voluntary and an overtime ban is therefore legal. The company said that it was accepted practice for its staff to work overtime when required.

Mr. Justice Meerabux appears to have come down on the side of the company. In his judgment, he stated that "in practice and in the usual course in the operation of Hamilton Docks, there is (a) contractual duty by the dockworkers to work a reasonable amount of overtime in relation to contractual work when required except in specified cases''.

He added: "I think that the object of the instruction banning overtime was to frustrate the very commercial object for which the contracts of employment were made.'' This does not mean that an employer can require an employee to work overtime at any time. But when it is made clear that overtime work is a part of the employment contract and when the commercial object of a company is at stake, the judge stated that overtime can be required and cannot be voluntary.

In Stevedoring Services' case, if a ship filled with perishable goods arrives and overtime work is needed to unload it, then the company can require its employees -- who know what they will be needed in these circumstances -- to work. The alternative is for the goods to rot on the docks, destroying the company's commercial objects at the same time.

No one loses in cases like this; the workers get paid, the company meets its contractual obligations and the consumer gets the goods it expects. And it also makes clear that in the event of a dispute over one issue, other areas of a company's -- or worker's -- business will not be affected.

TEEN PREGNANCY EDT Teen pregnancy The stories in yesterday's paper on the issue of teenage pregnancy show that a caring approach to young teenagers who become pregnant is an enormous help both to the parents-to-be and to the community.

But the frank talk from these young mothers in yesterday's paper should be compulsory reading for all teenagers contemplating -- or risking -- early parenthood.

A year ago, a Royal Gazette editorial speculated that while few mothers who had children while in their teens would say they regretted having a child at such an early age, few would advise other teenagers to follow their path.

All teenage mothers undoubtedly love their children. All teen mothers deserve to be treated with care and respect by the community. And almost all will say that they regret the time in their lives that it happened to them.

Teen Services is planning an information campaign this month with a young mother-to-be who will tour middle schools in an effort to convince the students that it is worth waiting a few years to have children.

That is a good first step towards educating the community on the risks of teen pregnancy. If more teenagers can be convinced of Jesse Jackson's statement -- "open your mind, close your legs'' -- then Bermuda will be a better place.