By LEANDRA ROLLE

Tribune Staff Reporter

lrolle@tribunemedia.net

THE union representing Water and Sewerage Corporation line staff has accused the company’s executives of victimisation and using intimidation tactics against a senior employee who is seeking a run in the next general election.

WSC Senior Serviceman in the Abaco district Kirk Cornish was placed on administrative leave without pay last month shortly after he was ratified by the Progressive Liberal Party to represent North Abaco.

In a letter dated March 23 obtained by The Tribune, Mr Cornish was told his unpaid administrative leave would take effect “immediately” and was further advised to hand in all of the company’s belongings the same day.

Bahamas Utility Services and Allied Workers Union president Dwayne Woods said union members were “disgusted” and “appalled” by the actions taken by WSC executives, who he claimed were attempting “ to minimise the influence of the representative trade union.”

The union president further claimed that Mr Cornish was being victimised for politically motivated reasons.

“The Executives have placed Mr Cornish on administrative leave without pay, and as well as without consultation and agreement with the employee or the union,” he told reporters during a press conference held outside WSC headquarters yesterday.

“This administrative leave is in contravention to and is a breach of the industrial agreement between the Water and Sewerage Corporation and the Bahamas Utilities Services and Allied Workers Union dated July 1, 2013 to June 30, 2018.”

“… BUSAWU is of the opinion that there is no official candidate for elections until all of the mentioned prerequisites are met, and thereafter the individual himself would have had to make application for political leave in accordance with article 13.11 of the industrial agreement.

“However, the Water and Sewerage Corporation’s executives chose to intimidate, discriminate and victimise Mr Cornish by placing him on unapplied for administrative leave without pay.”

Having served at WSC for 28 years, Mr Cornish said he was disappointed by the actions taken against him and added he plans to take legal action against the company.

“I’m looking to be reinstated and compensated for the time lost and as I reflect on it, it isn’t really for myself. It’s for what is lawful in our country,” he said.

“I would like to believe the Bahamas at this point in our existence is more mature, more responsible to actually engage in fair game. My name was placed in front line politics because of my character, my integrity, my hard work, commitment, dedication, determination and I serve my community at the Water and Sewerage corporation for 28 years and I think I did an outstanding job. My record would reflect.”

Asked if he was surprised by the move, the Abaco resident said while he was not completely shocked, he did not expect that officials would act so quickly.

“It didn’t surprise me,” he said. “I was more surprised at how soon because of our industrial agreement, I would’ve thought I would’ve been given the opportunity to become a ratified candidate in the official election. However, it doesn’t surprise me that they did it.”

Attorney Wayne Munroe, who is representing Mr Cornish, also raised concerns with the legalities of the move.

“In my considered opinion, there is no election in the Bahamas,” Mr Munroe said. “There is no vacancy in Parliament for North Abaco. When there becomes a vacancy, Mr Cornish will only become a candidate if and when he is ratified. That may never happen.”

“And so, to act as if something has happened that has never happened, is in my judgement, not legal and not correct. The honourable prime minister is someone who constantly says we’re not having an election this year aye? So, clearly there’s nothing to vie for unless he is lying again and so the bottom line to it is, when he becomes a candidate, when there is a vacancy, at that point it will be appropriate for there to be political leave.”

Yesterday, Mr Woods demanded that the utility provider reinstate Mr Cornish and “right the injustice” committed against him.

He also called on officials to address long standing issues that have plagued the union, citing unfair promotion practices, postponement of Christmas bonuses and officials alleged failure to “pay overtime” to workers in Abaco following Hurricane Dorian among other things.

In a statement last night WSC strenuously denied victimising Mr Cornish and insisted it’s actions were entirely above board.

The company also said they were shocked to learn about yesterday’s press conference and criticised Mr Woods for “seeking to disrupt the harmony that has been maintained at the Corporation.”

“WSC has not victimised any staff member and takes umbrage with such reckless commentary,” the water provider said in a statement. “In recent weeks, Mr Kirk Cornish – a member of our line staff – accepted a political nomination in North Abaco from the Progressive Liberal Party.

“It is common practise, pursuant to General Orders, that whenever a political candidate is ratified and accepts a party nomination, he is called upon to resign and/or tenders his resignation.”

“This is the case with at least three other candidates who are now running for Mr. Cornish’s own party and, undoubtedly, will likely be the case if the same occurs for the governing party. “

“Notably, three other public servants were ratified by the PLP - Zane Lightbourne, Wayde Watson and Jamahl Strachan. They all had to resign. Certain private sector jobs will also require the same of those who are ratified.”

WSC also went on to reference a section in the industrial agreement in response to claims that company executives had acted unlawfully.

The statement read: “Article 13.11 of the Industrial Agreement states: ‘Employees, vying for National Election, are to be given time off without pay to prepare for the same. Such persons are to resume their duties within one month after the election, if unsuccessful. This Article speaks to political leave.”

“Firstly, that article says nothing about a candidate applying for leave. It says they will be given time off without pay to vie and that, if unsuccessful, can return one month post-election. The Article undergirds WSC’s action which was to immediately place Cornish on unpaid leave.”

“The argument that Mr Cornish’s nomination somehow doesn’t materialise until the government-mandated nomination day is imprudent and void of rationale. The assertion that a newly nominated political candidate has to apply for leave – rather than the place of employment immediately providing for the same – is absurd; such an assertion is not stated anywhere.

“Any candidate seeking political office - in the public sector and certainly in much of the private sector - and who serves as part of the regular staff has, from time immemorial, done the honourable thing and tendered their resignations. Cornish is a regular member of the staff - not a consultant, not a political appointee, etc.”