By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Super Value’s newly-appointed president yesterday promised it will not make employees pay for weekly COVID-19 tests if this is deemed to violate the law.

Debra Symonette told Tribune Business that the 13-store chain, which also trades under the Quality Supermarkets brand, had yet to determine whether it would pay for these rapid antigen tests or if it would require unvaccinated staff to do so.

“This company hasn’t made a decision as to whether they’re [employees] are going to pay or not,” she affirmed. “What we’ve decided to do is wait until the end of September, which is the deadline given for employees to get vaccinated. We specifically said they’re going to have to take the test, but didn’t say they have to pay.

“That is when we will make them do the test, and decide whether to make them pay. Hopefully it will be cleared up by then because if it’s not lawful we won’t do that. The labour people said they are looking into it, so hopefully they will come back and let us know.”

Super Value earlier this week was revealed to have written to all employees informing them that if they were not vaccinated by September 30 they would have to take weekly rapid antigen tests to confirm they were free of the COVID-19 virus.

Mrs Symonette, in an August 26, 2021, memorandum wrote: “We estimate that less than 30 percent of our staff have been vaccinated, and we have set an ambitious goal to have all staff take their first shot by the end of August and be completely vaccinated by the end of September. In the interest of your safety and the interest of the company, our customers and the country, we expect your full cooperation.

“There is a new ‘Delta plus’ variant that spreads 60 percent faster and is more contagious than the (old) ‘Delta’ variant. In order to save your life, keep the economy going and avoid a permanent lock down, all employees should get vaccinated immediately.... After September any employee that is not completely vaccinated will have to take a negative test weekly.”

Tribune Business previously reported that the Health and Safety at Work Act forbids employers from imposing any financial “levy” on staff to ensure they comply with this law’s stipulations. The Act’s section nine effectively bars companies from requiring non-vaccinated staff to pay for COVID-19 tests out of their own salaries.

The section states that “no employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any of the provisions of this Act”. While employers can still require non-vaccinated worker to take regular tests, the law seemingly requires the company - and not the employee - to cover the costs associated with this.

Concerns have also been raised that requiring workers to pay for their own weekly tests amounts to unilaterally varying the terms and conditions of a worker’s employment, which is forbidden by law, while the $22.50 cost of a rapid antigen test could push minimum wage workers below the statutory minimum for $210 weekly take home pay if they - not the company - have to cover the cost.

While the National Tripartite Council, the body that deals with all labour-related matters in The Bahamas, met yesterday it did not come to a consensus position on whether employers can, or cannot, mandate that unvaccinated employees pay for their weekly COVID-19 tests from their own pockets.

Robert Farquharson, vice-chairman and chief operations officer for the Council, told Tribune Business: “We had a very good meeting today. We had an excellent discussion, and think we can come to a conclusion. We’ll reconvene and hopefully conclude it by then.”

However, Peter Goudie, the employers’ representative on the Council, was slightly less optimistic. “There was nothing decided. I’m just not sure what’s going to happen,” he said. “Nothing was decided today. All we did was review our plans for the future, of which we have plenty of projects.”

Mr Farquharson yesterday confirmed there has been “a significant increase” in inquiries from Bahamian workers as to whether their employers can require them to pay for weekly tests. Some of the largest Bahamian employers are the subject of these concerns, and he said he expected the issue to boil over into litigation “in the very near future”.

Atlantis warned unvaccinated staff will have to pay for a weekly rapid antigen test to confirm they are infection free with effect from September 1, while the University of The Bahamas has now mandated that anyone entering the school’s campuses and facilities must show proof of being fully vaccinated or present a negative COVID-19 rapid antigen test with effect from Monday.

Persons who are unvaccinated but seek entry to UoB’s campuses must have a rapid antigen test result taken within 72 hours. The university said this refers to faculty, students, staff, alumni, vendors and members of the public, and anyone seeking entry as of September 30 must show proof of full vaccination.

Darrin Woods, the Bahamas Hotel, Catering and Allied Workers Union (BHCAWU) president, previously told Tribune Business “the Government cannot sit idly by and let employers willy nilly” make testing mandatory for unvaccinated staff when it was its responsibility to enforce the Health and Safety at Work Act.

“There’s no requirement in law for someone to take a COVID test for employment,” he said. “If I am already employed with you, you cannot change my terms and conditions of employment without me agreeing to do so....They cannot use your job as leverage. That’s not somewhere for me to work, and you are causing me to work under duress.”