For many years now, Mr. Kenneth Lopes has served in the capacity as, head of the Federal Labor Department based in St. Maarten, serving St. Maarten, Saba and Statia.
Mr. Lopes also serves as Acting Government Mediator for said islands.
In his capacity of Head of the Federal Labor Department, it is his role and responsibility to ensure both parties, Employer and Employees, stay within the parameters of the Labor Laws.
In many instances, when an Employer violates the Labor Laws, the Employee is forced to seek legal remedy, independent of the Federal Labor Department. As Head of the Department, Mr. Kenneth Lopes should utilize his office, to bring about remedy for Employees, taking control of all legal matters of interest to the case. When a decision is made by the Federal Labor Department Office, that an Employer is in breach of the Labor Law, it is necessary and correct, that Mr. Lopes be consistent in his approach and follow-up, as deemed necessary, as in the Granny case, giving all Employees the same protection, rather than be negligent in his obligations.
The people in the communities of St. Maarten, Saba and Statia, are exposed to an unstable state of affairs, with regards to their Labor interests.
The purpose of the Dismissal Committee is a good one.
However, when recommendations are forwarded by said Committee to the Head of the Federal Labor Department Office, it is treated like an exercise in futility by Mr. Kenneth Lopes. Habitually, recommendations made by the Dismissal Committee, favoring the Employees are ignored, indicating a blatant prejudice in favor of the Employer. As a consequence, the people's interest is left in a very vulnerable state, exposing them to unjustified economic hardships.
Our system with regards to the Head of the Federal Labor Department is in need of an overhaul. It is seriously flawed when one person can sit in a position of this kind, making decisions of such magnitude, which can bring about havoc in the lives of many families. None of us should underestimate human weakness. No one person should be in a position, to make decisions, which can be so destructive in the lives of many families. At a minimum, at least three persons should be in such a position. This will help to bring about fair play and dignity, to the Office of Federal Labor Department.
Recently on Statia, Mr. Kenneth Lopes, granted permission of dismissal to the Gin House and Medical School, that was quite injurious to many families. These dismissals were executed, with no recommendations from the Dismissal Committee. What seems rather questionable is the basis that motivated these decisions and why the Dismissal Committee was not considered germane in making its usual recommendations after completion of investigations.
Mr. Kenneth Lopes role and responsibilities as Head of the Federal Labor Department and as Acting Mediator, is seriously found wanting. As a matter of fact, he has single handedly sewed much distrust on the islands of St. Maarten, Saba and Statia, that his presence for mediations is met with significant disapproval. This is generated as a result of his history, of not helping to find solutions, in his areas of responsibility.
What is therefore necessary is for the Federal Government, to investigate the Labor crisis on these islands and give us a fully fledged Labor Mediator.
Such will contribute in a meaningful way, the diffusing of the present Labor Crisis throughout our islands.
This has been a request of the United Federation of the Windward Antilles and other Labor unions for many years and even in recently.
Failure to recognize this urgency can have far reaching consequences.
People must not be placed in a hopeless situation.
Through this media we are once more urging the now appointed Minister of Labor, Mr. Elvis Tjin Asjoe to step up to the plate vigorously and deal with these pressing dilemmas.
From: The General Vice President of the UFA
Mr. Irwin Jack
