Today the Chief Justice issued his ruling in the case of Minister of Home Affairs v BIU, BPSU, BUT, Prison Officers Association and Fire Officers Association. Members of the public will recall that these proceedings were brought about by Government when the Bermuda Trade Union Congress called on public sector workers to leave their workplaces and attend Cabinet Office grounds for three days in January 2015. They did so in response to Government’s request of the Unions to extend the agreement on Furloughs.
The Chief Justice today made the following declarations—
- THAT the [BIU, the BPSU and the Fire Officers Association], as regards their divisions or units which are essential services, on or about January 28, 2015, acted unlawfully, contrary to section 9(1) of the Labour Relations Act 1975, in taking irregular industrial action short of a strike;
- THAT the [BIU, the BPSU and the BUT] acted unlawfully, contrary to section 19 of the Labour Disputes Act 1992, in taking irregular action short of a strike.
In summary, the court declared that these public sector unions acted unlawfully during the events of 26 - 28 January 2015. Although the Government’s application for a permanent injunction was not granted, the court was clear that Bermuda’s labour legislation provides requirements that must be met by public sector unions before a strike will be legal.
The Chief Justice said that, “the war against a public debt crisis which could, if not addressed, ultimately transfer control of the country’s finances to its lenders, remained to be fought.” This case has long been made by the Minister of Finance.
The Chief Justice concluded that all parties should take this case as an opportunity to engage collaboratively going forward.
The Minister of Home Affairs Sen. the Hon. Michael Fahy JP, upon learning of the decision said, "The Government agrees that this represents an opportunity to create better relationships with the Unions and looks forward to engaging with them to build on previous collaborative efforts in order to deal effectively with our public debt crisis through prudent fiscal measures and sustainable public sector finances."