Supreme Court Justice John Muria ordered BTL to reinstate Christine Perriot in April. She was to have gotten the same pay and work at the same post. Instead BTL put her on what it called special paid leave and barred her from entering any BTL compound. Her attorney Lois Young Barrow argued that it wasn't a reinstatement - in fact, she said, it was a contempt of the court's s order and because of that BTL boss Dean Boyce should be jailed.
That matter has been before the court for almost two months and today Justice John Muria delivered his judgement. He found that BTL's special paid leave for Christine Perriot was in contempt of his ruling. But he decided not to send Dean Boyce to jail, opting instead for a $5,000 fine. Thirdly, he ordered that Perriot must be immediately and properly reinstated. That means she must be allowed to go to work tomorrow, enter the BTL compound and be put to work in the internet technician post that she formerly held. If BTL doesn't allow her to do that, Muria said she is free to go immediately back to court and request Boyce's committal. And for good measure, Muria ruled that BTL must pay the cost of $8,000 for Perriot's attorney, Lois Young Barrow's by 2:00 pm tomorrow.
It's a major win for Perriot over the mighty BTL and she discussed the implications with the press.
Christine Perriot, Can Return to BTL Tomorrow
"The order, this ruling, yes it is exciting, it is wonderful. It is good that God is awesome. I must say thank you Lord and also that injustices, there is no room for injustices. When the law rules, nobody is above the law that they can come and make their own ruling so it is gratifying to me that workers still have laws that protects them. Workers need to understand that there are laws and there are things in place protect them and no employer, much less a foreigner, can come to my country, our country, and tell us that that law does not apply to them.
This has to take effect even if it goes to the end which I know it won't so that workers can have that certainty that I can go to work free, I can work in peace, and I don't have to be worried that if I even say my chair is broken and I can't sit properly that they will terminate me.
In my opinion I wanted BTL to know that you just can't breach any law and you can't do what you want, and this goes for all employers, you can't do what you want when the law has put something done in place. Now if they were to go to jail then go to jail, if you are to pay then pay. The point was that you can't take it into your own hands when the law has ruled. You are not the law."
Janelle Chanona, News 5
"So the court ordered that you go to work tomorrow. What happens tomorrow?"
Christine Perriot,
"Tomorrow at 8 o'clock, well I'm going to be at work tomorrow again."
Janelle Chanona,
"So you'll show up at Belize Telemedia?"
Christine Perriot,
"Yes."
Jules Vasquez, 7NEWS
But you work for the old company.
Christine Perriot,
"I work for BTL"
Jules Vasquez,
So you are satisfied that the new company will have to take you in?
Christine Perriot,
"They have to, the judge has instructed their lawyer that..."
Jules Vasquez,
He says is the lawyer for the old 'T', old Telecom.
Christine Perriot,
"He brought that up in closed door but the judge advised him, and I have it here, they are advised to follow the order. I am prepared to work out anything, I mean there is no harm, there is no hardship, there is no mistrust. I trust that they will work things out."
Janelle Chanona,
"What are you expecting if you are allowed on the compound?"
Christine Perriot,
"I really don't know, I am just going back as per normal and I am going there to see; I don't know."
Marion Ali, Love FM
"But you must be going in preparing for..."
Christine Perriot,
"I am prepared for whatever may come up. As you see the judge says, I am at liberty to come back and file my committal count and then they will really take some drastic action. So tomorrow I will be there. If they want to turn me back, I will just come back to court and say, 'effective this date they did this.'"
Jules Vasquez,
Are you pleased that this is a fine and not a committal?
Andrew Marshalleck, Attorney for BTL
"Of course, I would have hate to have an order made for committal of
Mr. Boyce."
Jules Vasquez,
Is there a variance in activating this because there are two BTLs, the former BTL and the new BTL?
Andrew Marshalleck,
"I think that certainly complicates matters. I am not so sure what is the result...for me."
Janelle Chanona,
"What will you advise the company to do?"
Andrew Marshalleck,
"I need to look at it and I act for BTL. I have no instructions for Telemedia."
Jules Vasquez,
Will Christine be at work tomorrow?
Andrew Marshalleck,
"That's what the judge ordered."
Janelle Chanona,
"But which work, BTL or Belize Telemedia?"
Andrew Marshalleck,
"I wish I had the answers."
Of course 7NEWS will be there tomorrow morning when Christine Perriot goes back to her work place at the Albert Cattouse building on Regent Street. And according to a release from Telemedia, she will be allowed to take back her post. The release says that Telemedia will ensure that the court order, which is against the old BTL, will be fully complied with.
But it seems the labour leader will have to do so at some strategic loss. The release says Telemedia has been forced to place the person who was doing her job on special paid leave. But the release says that it shouldn't be for long because it considers her termination lawful and is convinced that such position will be upheld by the Supreme Court and if not then the Courts of Appeals. In that regard, the release says that this order has already been appealed.
And in a grand gesture, Telemedia calls upon the Chamber of Commerce and the Business Bureau to join it in deploring the judgement because it ignores employers' constitutional rights, which is basically - by BTL's interpretation - the right to fire employees who are undermining management.
It's of note that the $5,000 fine has been suspended because there is some question from Young Barrow as to whether the judge can impose a fine when the law calls for committal to jail or a seizure of assets. Submissions from both sides will be made on that point next week.
