THURSDAY, SEPTEMBER 8, 2016
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Court upholds illegal worker contract rights
All web shops urged to join Freeport fight
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
Attorneys: Sector regulator sorted ‘once and for all’
Employment contracts do not become “invalid or void” if an employee is working in the Bahamas illegally, the Court of Appeal has ruled. It upheld the $20,200 award to Jamaican national, Rupert Barrett, who had sued Tycoon Management and its owner, James Curling, for damages relating to “negligence and/or breach of
Work permit absence does not ‘void’ job contracts Ruling came via Tycoon Management vessel sinking Captain’s mate went back to sleep despite danger alert
contract” over injuries suffered when a dredging vessel sunk. Tycoon tried to argue that Mr Barrett, who produced pay slips showing he was one of its employees, was unable to bring his claim because he did not possess a work permit and was therefore employed in the Bahamas illegally. It argued that permitting his claim would be “giving effect to an illegal contract”, but this had little impact with the Court of Appeal.
Appeal Justice Stella Maureen Crane-Scott, in delivering the verdict on the court’s behalf, said there was nothing in the Immigration Act that rendered invalid employment contracts with illegal workers. She added that the Act only dealt with penalties for both employer and employee if the latter did not possess a valid work permit, while also providing for the latter’s deportation. “In my view, having examined the Act as a whole, I am satisfied See pg b5
Ex-contractor chief fears ‘poor results’ on CCA collection
We’ve ‘lost our way’ in financial services
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
A former Financial Services Minister has admitted that Bahamians have “lost our way” and become “too comfortable” in the financial services sector, adding: “We need to invest in ourselves and our industry.” Ryan Pinder, the Graham Thompson & Company partner, told a recent Bahamas Financial Services Board (BFSB) Millennials Society panel discussion: “Our greatest strength is our people and our greatest weakness is our people. “We have successfully, as a small island nation on the doorstep of the United States, built a very competent and knowledgeable financial services industry, and we have seen the level of Bahamian professionals in the industry rise up the ranks to the very highest levels in some of the largest institutions present in this country.” Mr Pinder continued: “We have also lost our way and gotten too comfortable. We do not invest in ourselves as See pg b3
Urges Bahamians to ready to ‘take it to court’
A former Bahamian Contractors Association (BCA) president yesterday expressed fears that the industry will suffer “very poor results” in collecting the multi-million dollar sum owed to it by Baha Mar’s contractor. Stephen Wrinkle, telling Tribune Business that he was basing this prediction on China Construction America’s (CCA) past performance, urged its Bahamian subcontractors to band together and seek legal recourse if dissatisfied with the compensation offered. Mr Wrinkle was speaking out after the website created to handle the settlement of Baha Mar creditor claims warned that the process did not apply to CCA’s Bahamian sub-contractors and vendors. They will instead have to negotiate directly with the Chinese stateowned contractor for sums that it owes them, a development that Mr Wrinkle described as “not very encouraging”. And, in a development that may See pg b2
CCA ‘historically bad’ at processing claims Baha Mar claims entity called ‘Perfect Luck Claims’
Stephen Wrinkle
Business to resist ‘heavy handed’ labour law reform By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net The private sector will resist any “heavy handed” move to impose the proposed labour reforms on it, the Chamber’s chief executive yesterday warning they were “not sitting well” with the business community. Edison Sumner told Tribune Business that the Chamber would “take issue” with any attempt by a single party on the National Tripartite Council to force through far-reaching legal changes. Emphasising that the private sector would likely submit alternatives to the proposals now before the Council, he added that it was also seeking to meet with Shane Gibson, minister of labour and national insurance, on the matter before providing a full response. “Overwhelmingly, we’re finding that the response is that we cannot allow there to be any heavy-handed approach by the Government or the trade unions to pass legislation without having proper consultation done,” Mr Sumner told Tribune Business of initial private sector reaction. “The recommendations in the proposed changes are not going to sit well with the private sector. You’ll find private sector companies will be resisting these proposed amendments to the Employment Act.” The Christie adminis-
Planned changes ‘not sitting well’ with private sector Chamber likely to submit ‘alternative’ suggestions Seeking ministerial meeting over ‘concerns’
CEO of Chamber of Commerce Edison Sumner. tration wants to make it mandatory for employers to provide two months’ (60 days) notice to itself and the relevant bargaining agent (trade union) whenever they are about to make 10 or more workers redundant, with failing to do so becoming a criminal offence. And, joining this proposal in the “emergency See pg b4
By NATARIO MCKENZIE Tribune Business Reporter nmckenzie@tribunemedia.net
Pinder: Bahamas ‘got too comfortable’ Has to adapt better to evolving industry landscape Needs to boost transaction flow through nation
Ryan Pinder
Port eyes legal action against other operators Chances shouldn’t ‘take burden by itself’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net Attorneys on both sides of the Freeport gaming dispute yesterday urged other web shop operators to join their action, so that the issue of who is the sector’s regulator in that city and be “determined once and for all”. Both Fred Smith QC and Carlson Shurland called on other web shops to join with Jarol Investments, the latter arguing that the Chances Games operator should “not be carrying the burden by itself” in seeking a verdict that will benefit the entire industry. Jarol’s action, which both parties yesterday agreed should proceed as a private law action, rather than in its original Judicial Review form, wants the Supreme Court to determine whether it is the Grand Bahama Port Authority (GBPA) or the Gaming Board that has jurisdiction to licence, tax and regulate web shop gaming in Freeport. Mr Smith, meanwhile, warned that his GBPA client may soon launch separate legal actions against other web shop companies, given that some were operating without a Business Licence from Freeport’s quasi-governmental authority. This again illustrates the confusion and uncertainty over who is responsible for web shop gaming regulation in Freeport, although all procedural obstacles to hearing Jarol’s substantive case on December 2, 2016, have now been removed. “I hope that the vehicle of this action can be used to deal with any and all other operators in Freeport,” Mr Smith, the Callenders & Co attorney and partner, told Tribune Business. “Currently, they do not all pay license See pg b3