The last you heard about the Essential Services Tribunal in relation to the CWU versus the Port of Belize was back in June, when both sides met at the Labor Office. At that time, the stevedores were debating going on strike since it had been 16 months since the tribunal ruled that they were entitled to a redundancy package - and nothing had been paid. Up to now, PBL still has not paid the stevedores what the tribunal said they're owed. And today, the CWU's attorney gave us an update on the oral submissions they presented at the tribunal earlier this month.
Darrell Bradley, Attorney for CWU
"As you know the first hearing that we had, the Port of Belize Ltd. raised a very technical objection that the tribunal doesn't have jurisdiction and what the chairman did is the chairman ordered that we put in written submissions and what we would do is have oral arguments. I believe it was last week that we had the oral arguments and they are on the deliberation and they will give a written decision. But what we have argued is that fundamentally the position of the Port of Belize Ltd. is wrong, because the essential services appeal tribunal - I don't go there voluntarily. I report a dispute to the minister and the minister sends it to the tribunal, so I don't determine what the jurisdiction is. If the minister makes a reference, the minister had made a reference and it is not for the tribunal, this is fundamentally wrong. It is not for the tribunal to say the minister referred something to me and I don't have any jurisdiction. The laws says if the minister refers it to you, deal with it. If there is a question of jurisdiction, that's a question for the court. The court has to look at the law and the court has to say that legally speaking the tribunal doesn't have jurisdiction, but you the tribunal, you an administrative body. If the minister gives you the reference, your job is to decide the question that is in that reference."
"If there is any issue of jurisdiction, that's a question that goes to the court. You can't determine your jurisdiction, you're an administrative body. Let the court determine who is your jurisdiction or let the minister determine who is your jurisdiction so that what we say is ironically and humorously the tribunal does not have the jurisdiction to decide the question of jurisdiction, because it's the minister. My responsibility as a union, I want to go to strike. I have to give 21 days' notice and I give that 21 days to the minister, so it's not like I am filing a claim or anything like that. My desire is to go on strike, I give my 21 days' notice. The minister has various mechanism at his disposal to deal with that dispute including arbitration mediation, the minister could deal with himself or the minister could refer the matter to the tribunal. If the minister makes a reference, the tribunal can't say I don't have power. That's not a question that the tribunal has. The tribunal must deal with that."
