By ANNELIA NIXON

anixon@tribunemedia.net

A trade union leader yesterday warned it may initiate legal action over the Government’s contractual rehiring of retired public servants aged over 65.

Deron Brooks, the Bahamas Customs Immigration & Allied Workers Union (BCIAWU) president, told Tribune Business he was not giving the Government “an ultimatum” to cease this practice just yet after the union issued a statement pointing to a previous 2021 Supreme Court ruling where it successfully challenged the legality of contractual appointments for retirees.

It argued that the latest round of retiree re-hirings meant the Government “was in breach of the industrial agreement [between the parties] and two key enactments of law”. The BCIAWU first referred to article 108 of the constitution, writing: “Subject to the provisions of this constitution, power to make appointments to public offices - and to remove and to exercise disciplinary control over persons holding or acting in such offices - is hereby vested in the Governor-General, acting in accordance with the advice of the Public Service Commission.” 

It also referred to “section seven of the Immigration Act”, quoting it as stating: “The Governor-General, acting in accordance with the advice of the Public Service Commission, shall appoint a person to be the director of Immigration who shall be the executive officer of the Board and who shall, subject to the provisions of this Act, be charged with the general administration of this Act.

“The Governor-General, acting in accordance with the advice of the Public Service Commission, shall appoint such number of persons to be deputy directors of Immigration and Immigration officers for the purposes of this Act as may from time to time be authorised by Parliament.”

Mr Brooks, speaking briefly to Tribune Business, said: “I don’t want to give them an ultimatum just yet.The idea was to speak out on it and to give them, or to remind them of the legal implications, and what the court had ordered. Just to have to say again what they’re doing is wrong speaks volumes.”

Ralph Munroe, Customs comptroller, in a recent interview with Tribune Business confirmed that the agency was seeking to re-employ retirees. “What we have to look at is we are short staffed, still,” he said. “That’s no secret, that’s no apology. It is what it is.

“Does it make sense for us to allow people who could assist with revenue collection and protection, and could offer good service to this country if they are willing to; does it make sense for us to allow them just to go into retirement when by retaining them we could collect millions more?

“They augment the numbers that we need, plus the knowledge that they have,we could use them. Only in The Bahamas when you get to a certain age we throw you into retirement, and at that time some people could function and could give you what you need, but it doesn’t impede the progress of persons below you.”

One of those recently re-hired contract workers, Greta Knowles, assistant director of Immigration in Grand Bahama, told Tribune Business she moved up the ranks and was promoted from superintendent and then acting assistant director.

She added she left the department on August 16, the day before her 65th birthday, and accepted the Government’s offer to come. Ms Knowles said her first day as assistant director was yesterday.

“The Government of the Bahamas has the right to make a decision to bring back anyone on a contract, and I am not the only person back on a contract, but I gladly accept the Government’s offer to bring me back on a contract basis,” Ms Knowles said.

The BICAWU, though, in its statement argued: “The employer writes the very laws that we all must abide by. However, it would seem that the employer has chosen to ignore, overlook and in this case disregard the very laws they have sworn to uphold and enforce.”

It asked why “the only answer to filling vacancies amounts to contractually hiring persons outside of the public service”, and added: “The employer should consider acquiring what they need from within the rank and file of the respective departments.

“The argument or rationale for contractual appointments that the officers in the superintendent rank, who have in excess of 34 years (in both departments) are ‘not yet ready’ or the assertion that ‘the superintendents are not getting along so I need to remain past retirement’ or ‘because of COVID-19’ could not be further from the truth and should not justify anything,” the union added.

“Assuming that their reason has merit the question then has to be asked why weren’t officers in the superintendent rank sufficiently trained, mentored and groomed for the next level by the very ones who are being asked or who are asking to be rehired?

“Moreover, why wasn’t there a succession plan in place to begin with? We can respect, celebrate and honour those who have served the country in excess of 40 years. However, the next generation is fully capable.” 

The BICWU conceded it is legal for the employer to enlist the services of retirees, “in the capacity of a non-uniformed consultant.” It added that whether a person is a former employee of a specific department or an employee from another department, to engage the services of a person on a contractual basis as a uniformed officer is when problems come about.

“The union is not against or at odds with any government or administration,” the BCIAWU said. “However, the union was created to represent the best interests of the staff in both departments. Subsequently, the union cannot allow or facilitate through silence something that directly affects the persons in the bargaining unit. The union is duty bound to protect and stand on principle for its members.”