Monday, February 23, 2009
By NATARIO McKENZIE
Tribune Business Reporter
nmckenzie@tribunemedia.net
ATTORNEY Wayne Munroe told Tribune Business yesterday he was still proceeding with legal action against Jose Cartellones Construcciones Civiles Company (JCCC) on behalf of disgruntled workers on the New Providence Road Improvement Project (NPRIP), telling Tribune Business they were collectively owed around $1 million.
Some JCCC workers have claimed they were not fairly paid or treated by their employer. Mr Munroe, who is also the Democratic National Alliance's (DNA) Mount Moriah candidate, told Tribune Business yesterday: "When you add up the amount of money it cost these workers, it ends of being a lot of money, approaching over $1 million, when you add it up for everybody.
"The Department of Labour is supposed to step in and call for the employer's books, direct them to do what is right or prosecute them. What they were being paid ranged from $4 to $7, where the industry average is from $7.50 to $13 dollars."
Mr Munroe, who said he will ultimately end up representing a considerable number of the 600 workers on the project, told Tribune Business: "We are proceeding with the private prosecution complaint, and we're looking to get an appointment to have that sworn.
"That got a bit sidetracked because of the magistrate's court moving. We are hopeful that before the end of this week the complaint will be sworn and the summons is issued to bring them to court. That will be on the criminal side. On the civil side, we anticipate filing civil claims for aty least two of the persons because they are concerned with keeping their jobs."
Mr Munroe added: "Our position with them is that the limitation period for breach of contract is six years, so they are free to keep their jobs until when the project is just about over then they can sue the company. Openly, we are going to be bringing private prosecution for two persons in the first instance. Other persons are still getting their information together. The first two are the most organised in terms of having their pay slips and other documentation, so we are going to start with them rather than wait for everybody to have their stuff together."
Mr Munroe noted that during his first meeting with the workers, there were around 50 persons with different issues. "When you look at the civil action it's going to be a couple hundred, because the same thing they did to one they did to all," he added.
"On the civil side their contention is the same thing, breach of contract. It's just that the criminal case has a limitation period of six months because it is a summary matter, whereas the breach of contract claim has a limitation period of six years. They have decided to go with the criminal prosecution because of how they were treated. They think these people should be prosecuted."
Mr Munroe charged that the Department of Labour had failed the workers.
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