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The Ministry of Labour and National Insurance CBTUC Strike Action

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Bahamas – The Ministry of Labour and National Insurance (ML&NI) is extremely concerned with a number of public statements made in the print and electronic media regarding the possibility of strike action by trade unions associated with the Commonwealth of the Bahamans Trade Union Congress. The Government remains committed to the concept of partnership with all trade unions and will keep the channels of communication open for discussions with trade union leaders.

In an effort to update the public and clarify any misconceptions resulting from the public statements made by Mr. Obie Ferguson, President of the Commonwealth of The Bahamas Trade Union Congress (CBTUC) regarding a pending strike by affiliates of the CBTUC, the ML&NI can confirm that the following trade unions and association have matters before the Industrial Tribunal pursuant to the provisions of the Industrial Relations Act 1970:

• The Bahamas Industrial Manufacturers and Allied Workers Union,
• The Bahamas Nurses Union,
• The Commonwealth Union of Hotel Services and Allied Workers,
• The Bahamas Hotel Managerial Association,
• The Bahamas Customs Immigration Allied Workers Union,
• The Bahamas Educators Managerial Union

On May 6th, 2014, in The Tribune, President Ferguson was quoted as saying

“…. there is nothing the government can do to stop the withdrawal of labour of hundreds of unionized and non-unionized workers in the coming days”.

The ML&NI wishes to refute this statement and remind President Ferguson and affiliates of the CBTUC of the provisions of Section 77 (1) of the Industrial Relations Act Chapter 321 of the Statute Laws of The Bahamas which states;

“No employee shall go on strike and no employer shall declare a lock-out, and no union or member of the executive committee or other governing body of a union shall call a strike or declare a lock-out in consequence of a trade dispute while proceedings taken in relation to that dispute are pending before the Tribunal or the Court of Appeal.”

As stated in the Ministry’s press statement published on Thursday, 28th August 2014 in The Tribune, The Nassau Guardian and broadcast on various radio stations, any strike action taken by the above mention trade unions and or associations, while the dispute was before the Tribunal constitutes a breach of section 77 and is deemed a criminal offence as stated by Supreme Court Justice Maynard in his judgment in Commonwealth Electrical Workers Union v The Minister of Labour and Immigration and Another FP/PUB/jrv/0001/2006 where he states at paragraph 31:

“……then it appears to me that under section 77, a trade dispute proceedings are pending before the Industrial Tribunal and in these circumstances it would be an offence for any employee to go on strike or for any union or member of the executive committee or governing body of the union to call a strike”

In the same Tribune article, President Ferguson was quoted in the second paragraph as saying:

“……. a mass rally, tonight will inform the workers why the union has decided to strike and also to decide on which days the strike will be called”

The ML&NI is most concerned of the implications of President Ferguson’s statement, wherein he appears to be calling members of a number of trade unions and associations, which are affiliated with the CBTUC, to take strike action when he is aware of the contents of section 74(3) of the Industrial Relations Act. Finally, the ML&NI wishes to caution President Ferguson regarding his statement in the Tribune’s article where he was quoted as saying:

“The purpose of this meeting is to inform the workers as to the issues are and for them to understand there needs to be a recess of about two to three days. We will also make the determination tonight when they will strike.”

As a leading Trade Unionist, President Ferguson must be mindful of the provisions of
Section 74(2) of the Act which states:

It shall not be lawful for any person or any trade union to declare, instigate, incite others to take part in or otherwise act in furtherance of, a strike or lock-out when there is not in relation to the matter in question a trade dispute in relation to which all the conditions of subsection (1) have been satisfied.

The instigation or incitement of members to take part in or in furtherance of a strike when the matter is before the Industrial Tribunal would be in contravention of the relevant provisions of the Act.

The ML&NI supports all workers and will continue to defend their rights to take part and participate in lawful demonstrations and strike action pursuant to the statutes laws of The Bahamas and Judgments of the Court. President Ferguson is reminded that all employees and employers are subject to the laws as expressed by Justice Maynard in paragraph 9 of his ruling in Commonwealth Electrical Workers Union v The Minister of Labour and Immigration and Another

The ML&NI anticipates that the Trade Disputes referred to the Industrial Tribunal regarding affiliates of the CBTUC will be scheduled for a hearing and resolved in an amicable manner in the shortest possible time but is prepared, even at this stage, to enter into discussions with Mr. Ferguson and his Team, at any convenient date and time, in an effort to resolve the matters in an amicable fashion. The ML&NI attaches a copy of the judgment of Maynard J (Ag.) in the case of Commonwealth Electrical Workers Union v The Minister of Labour and Immigration and Another.

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Family of 16 yo Tourist claims negligence in jet ski death; TCI Coroner’s Court hearing evidence

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Dana Malcolm 

Staff Writer 

 

#TurksandCaicos, May 2, 2024 – The family of a 16-year-old who died in Grand Turk six years ago while on a Carnival Cruise into Grand Turk is a little closer to closure as the Turks and Caicos Islands Coroner’s Court has opened his case for an inquest.

“On Wednesday, May 16th, 2018, at 11:30 a.m. Police and Emergency Medical Officials responded to a two-jet-ski collision that left a 16-year-old male dead, near the Cruise Terminal in Grand Turk. Two people were involved in the collision. The second male did not receive any injuries. This incident is under Police investigation.”

That was the brief police report in the aftermath of Nicholas Twyman’s death.

In the comments dozens of residents and visitors claim to have been on the scene that day, as the boy was pulled ashore, some trying to assist while others looked on, horrified.

Coroner Mickia Mills called up the case on March 21, 2024 almost six years after the incident occurred. Mills is in charge of finding out what exactly happened that day in Grand Turk and whether there was any negligence or if it was simply a terrible accident.

That verdict will be for the coroner and her potential jurors to decide. However, the family has shared their version of what happened that day.

A lawsuit filed in Florida Courts in October 2019 (Twyman v. Carnival Corp) detailed the heartbreaking hours that led up to the death of Nicholas. In it, the plaintiffs, listed as Gyjuanna TWYMAN and Michael Twyman, claim that they docked in Grand Turk and were curious about using the jet skis; both parents and the son were told by the Carnival team aboard the ship that there was not a formal shore excursion in Grand Turk involving jet skis, but that jet skis would be available for rent by the hour.

The family from Indiana claims three jet skis were rented, one for Nicholas, another for his father, Michael, and another for a different passenger, while their mother remained ashore. Wet Money Enterprise is listed as the jet ski company.

The family says they were given little instruction on using the Jet Skis, especially their son who was a new rider.  The lawsuit maintains that Michael was not given any instructions other than being told where the kill switch was and not to ride too close to the cruise ship.

Sometime during his excursion, the young man crashed into the other jet ski. The family claims that neither Carnival Cruises nor representatives from the jet ski company responded. They say it was his father who spun around on his own jet ski, dived into the water for his son, and brought him to shore.

Once there, it was the young man’s mother, a registered nurse, who started emergency medical care.

When Turks and Caicos’s EMS did arrive after 15 minutes the family claims they were unsure how to use certain medical implements and had to be directed by the distressed mother.

The court documents list the cause of death for the young man as blunt force trauma and drowning, similar to what is listed in the TCI courts.

Coroner Mills, who took up her position in 2024, will oversee the proceedings which continued on Tuesday, April 23rd.

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Will DPP Office ‘No Show, No Call’ cause criminal cases to be Dropped?

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Wilkie Arthur

Freelance Court Correspondent

 

#TurksandCaicos, May 2, 2024 – On a bright and early Monday morning (15th April, 2024) in the Supreme Court before presiding lady Justice Ms. Tanya Lobban-Jackson and before His Honor The Chief Magistrate Jolyon Hatmin in the Magistrate’s Court, both courts were once again unable to proceed on its scheduled commencement time due to non or failure of attendance by the Prosecution of the Office of the Director of Public Prosecution (DPP).

Given the fact that this has now happened on more than one occasion, in both the Supreme and Magistrate’s Courts, judges and the learned Chief Magistrate have reached its final straw; they have cited the ‘no shows’ as a disrespect and a disregard for prompt and proper time management to be in attendance for legal proceedings.

From this reporters’ perspective, it appears the prosecution shows up when they like, any time they please and some are guilty of not showing at all without a call or message of explanation for the absenteeism.  The repeated instances have been called, “embarrassing” for the Office of the DPP, when defense counsel and the accused are present in the courtroom but the prosecutor is a ‘no-show, no call, no text.’

On at least two or three occasions, the Supreme Court judge was forced to return to her Chambers; exiting the court with a strongly worded warning, only to return with there still being no member of the Director of Public Prosecution present in court.

There has also been a promise that even serious cases could be dismissed due to this inappropriate practice.

In the final weeks of April, the country learned of a review by a KC out of the UK, who was looking into case progression at the DPPs office.  The Office has also hired a new Director, Philip Bennetts, KC, who takes office in the beginning of June, informed a TCIG media release.

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Concacaf x Generation Amazing, Turks and Caicos Islands Launch

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#TurksandCaicos, May 2, 2024 – Thursday, April 25, 2024, marked a momentous occasion for The Turks and Caicos Islands Football Association with the launch of the Concacaf x Generation Amazing Program. This program, supported by the Turks and Caicos Islands Ministry of Education, is currently benefiting 21 public and private primary schools across the Turks and Caicos Islands, encompassing both sectors of education. The primary objective of the Generation Amazing program is to educate and certify teachers to serve as volunteer coaches in sports development and safeguarding practices. Through this training, coaches will deliver football programs to children, aiming to catalyze positive social change within our communities that will continue to thrive for years to come..

The program not only emphasizes teaching children the basics of football but also focuses on instilling core values like teamwork, respect, and leadership. The initiative offers children the chance to enhance their physical well-being while nurturing essential life skills that can contribute to success beyond the field.

TCIFA President, Sonia Fulford, conveyed her appreciation to Concacaf, Generation Amazing, and the Ministry of Sports of the Turks and Caicos Islands for their involvement and support. She highlighted the significance of the project, pointing up a positive impact on the Education Ministry. Generation Amazing’s initiative is also seen as a valuable opportunity to enhance both the educational and athletic aspects within the community. “We’ll have more well-rounded teachers, and well-rounded students, not only from an educational standpoint, but a sporting standpoint. For us it’s a big win!” The President expressed excitement for the project, foreseeing an increase in skilled players and coaches, ultimately benefiting the organization significantly.

Jarret Forbes, Director of Sports, commented, “We are excited about the launch of the Generation Amazing programme here in the Turks and Caicos Islands. We commend the TCIFA for taking a holistic approach to student empowerment through sports. And we are grateful for the interest and support from CONCACAF and the Department of Education in developing our young athletes.”

Alvin Parker, Deputy Director of Sports, also expressed his enthusiasm regarding the upcoming chance for educators to apply their acquired knowledge. Viewing the term ‘Generation Amazing’ as a rebranding concept for Generation X, it is with high anticipation that the program will inspire and instill optimism within the younger demographic.

A devoted team collaborated diligently to ensure the successful initiation of the program. Spearheading the launch for Concacaf were Jennifer Roche, the Concacaf CSR Coordinator; Andre Virtue, Concacaf Coach Educator; Cristian Cubillas; and Garry Stannecc, the Sport For Development Consultant for Concacaf. The local facilitators comprised Dane Ritchie, TCIFA Technical Director; Olivia Graveley, Director of the Grand Turk Football Program; Yunelsis Rodriguez Baez, Director of Women’s Football; and Damien Grant, TCIFA Coach Educator and South Caicos Football Development Officer. The launch encompassed a comprehensive two-day training session for teachers, which will be followed by a mandatory six-week program involving a minimum of 25 students from each school. The program’s execution will be supervised by our Local Facilitators in with the support of Generation Amazing staff. Furthermore, the program will offer support to schools by furnishing footballs and essential equipment.

Jennifer Roche elaborated on Concacaf’s emphasis on Social Impact strategies, highlighting the significance of extending focus beyond on-field activities. “Last year, our CSR brand, ’The Bigger Game’ launched and the ‘Generation Amazing’ Program is one of the programs under the pillars of access to play and coaches education. This program is focused heavily on capacity building and giving tools to teachers, community volunteers, and other community leaders to empower and change lives through our beautiful game.”

Andre Virtue commented, “Obviously, we see the sport and the opportunity it has to grow. But, at the core of it is the coaches and how the coaches engage with our youth. We see the social issues that our youth already have to deal with on a day to day basis, and the dependence on either the parent or some adult to guide them and to mentor them is assumed. And, there is an intentional approach to how we’re communicating life values as it is very important.” Distinguishing between athletic prowess and life skills, Andre indicated that Coach Educating initiative aims to bridge this gap by aligning sports experiences with essential life lessons. The football field, as a dynamic environment, serves as a valuable classroom where the intricacies of life are intertwined with the game’s dynamics. “There are so many things that happen on the football field that are connected to life. The game is a great teacher, but there is an intentional and deliberate attempt to teach those values. It’s just the winning, the losing, the ups and the downs that come out of the game.”

Dane Ritchie further explained that the program also adopts a personalized approach, focusing on individual needs rather than viewing the children as a collective group, thereby maximizing the positive impact on each child. The aspects of conflict resolution, and nurturing respect are deemed integral to the game and are leveraged to impart essential life skills crucial for their development.

CherylAnn Jones, Permanent Secretary to the Ministry of Education, Youth, Sports, and Social Services, communicated the Ministry’s unwavering support for the Concacaf x Generation Amazing program and its potential to bring about significant transformation. The Ministry’s ethos, centered on Human Capital Development, resonates strongly with initiatives like Generation Amazing, which focus on nurturing leadership qualities, teamwork, and community spirit among today’s youth for the benefit of future generations. “A key tenant of the Generation Amazing program is its emphasis on child safeguarding and so this program aligns with our policy of ensuring that children learn, grow and develop confidently in a safe and nurturing environment. We are delighted to be partners with Concacaf and TCIFA, and applaud these organizations and their continued programs among our young people. We also applaud our principals, physical education teachers, and coaches who will be trained as facilitators in our schools to implement the program, as well as the Sports Commission. We believe that that commitment through football will create positive change.”

 

For more information, please contact TCIFA Office Manager | Marketing and Communications Coordinator, Candia Ewing at 941-5532 or cewingtcifa@gmail.com

Address:

TCIFA National Academy

Venetian Road 

Providenciales

Turks and Caicos Islands 

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