Clarendon infirmary workers cry foul

Temporary workers at the Clarendon infirmary are incensed over the refusal of several benefits guaranteed to them under law and are calling on the Clarendon Municipal Corporation (CMC) to review its handling of their employment.

The relief workers, some of whom say they have been working with the municipality for over five years, told Loop News that several women have been denied maternity leave, which is a right under law, once the worker has held the post continuously for over 12 months.

“They tell us that we are not any contract so that’s why we don’t get it [maternity leave],” one worker who wished not to be named for fear of victimization, told Loop News.

However, trade unionist Lambert Brown, explained that the absence of a signed contract between the workers and the municipality does not mean there isn’t a binding agreement in law.

Another worker voiced concerns about not having someone to represent their interest to the employer.

“They [the staff] have a union rep but we don’t pay union fee because they said we are not on any contact. We don’t know where we stand,” the worker said.

Public sector workers are represented by the Jamaica Civil Service Association, among other unions.

The workers also complained of being unable to access the reverse income tax credit now being offered by Tax Administration Jamaica (TAJ), noting they were told their taxes had not been received in time.

Speaking to Loop News, CEO of the CMC, Rohan Blake, explained that the workers are engaged as relief workers to fill the shortage of staff for the infirmary. He said the workers are only called in as needed. However, the workers, some of whom presented Loop News with their paystubs, said they are engaged on daily or weekly shifts and that they have been rostered on the shift system for years.

Blake said the issue relating to the filing of the workers’ taxes “was as a result of a payroll system glitch that prevented the uploading of the Returns for 2023, to the TAJ portal by the stipulated deadline, August 31, 2024.”

The deadline was extended to October 15. Blake said the CMC filed its 2023 returns on October 3, so relief workers who meet the requirements to benefit can now apply “without any issue.”

“It must be noted that all Heads of Departments and staff members were made aware of this internal challenge and the effort the corporation was making to rectify the situation,” he said.

In responding to the maternity leave issue, Blake cited the Staff Orders for the Public Service (2004) Section 7.7 i); the Maternity Leave Act (1979) Section 3.- (1) and the Ministry of Finance and the Public Service (MOF&PS) circular #2 dated January 3, 2024, captioned Amendment to Staff Orders Leave Provisions Chapter 7, but did not give a response for why the women were denied.

Blake instead said: “If, in any circumstance there is an error or oversight, efforts will be made to ensure that the individuals are remunerated for those days which should have been accounted for as paid maternity leave.”

For Government Senator and trade unionist, Kavan Gayle, the situation reeks of “exploitation.”

“I am suspecting that there are some questionable breaches in law of both the Maternity Leave Act and the Holiday With Pay Act. I believe that this is a flagrant act of exploitation and violation of the worker’s rights,” he said of the denial of the workers maternity leave pay.

He continued: “This is a situation where the Ministry of Labour and the labour inspectors on the ministry should be inspecting this course of action being demonstrated in this municipality.”

He repeated calls for a review of the Maternity Leave Act, which has not been reviewed since its inception.

“I am of the firm belief that there may be perceived gaps in that legislation that is being exploited by the employers and they are utilising that, much to the disadvantage of these employees,” Gayle said.

Loop News contacted Labour Minister Pearnel Charles Jr but was referred to the Ministry of Local Government and Community Development. However, there was no response from portfolio minister, Desmond Makenzie, up to the time of this publication.