CWU President Explains Why Unfairly Dismissed Central Bank Worker Was Not Reinstated

Two weeks after the Essential Services Arbitration Tribunal ruled on the dismissal of a Central Bank employee, Christian Workers Union President Leonora Flowers has explained why the union did not seek to have her reinstated. Speaking on a podcast hosted Tuesday night by National Trade Union Congress of Belize President Ella Waight, Flowers also gave her perspective on how the Bank handled the matter, saying she felt the decision to dismiss the employee may have been made before its internal process was complete.  The case involved Dapheen Bowen, a senior clerk who had worked at the Central Bank for about nineteen years. The tribunal found that her dismissal was unjustified and unfair. According to CWU, the Bank failed to follow disciplinary procedures in its collective bargaining agreement, including giving Bowen written notice of the complaint and enough time to respond. The tribunal awarded her twenty-six thousand, nine hundred and ninety-eight dollars and fifty cents in compensation. 

Leonora Flowers, President, Christian Workers Union: “As much as I would not want to seem to be quarreling with the tribunal, because I respect their decision, we did not ask for reinstatement because the member did not want to go back. She said she could not go back to the central bank. And so we had to respect that decision. But I was told after we read the decision that in tribunals of this kind, reinstatement is one of the first remedies if it is at all possible. But when they considered how the relationship between the employee and the bank had broken down, there was definitely no way the tribunal could have done that. I remember in my submissions I was asked, “Are you asking for a reinstatement?” and I said no, whatever the tribunal wants to decide. From the get-go, from the onset, from the tribunal got evidence to show that from the time the member was called and addressed the bank had already made up their mind. Management had already made up their mind as to what was going to be the end result. With that end result, at the front, they did what they had to do within seven days. There was no holding back, there was no second thought, there was no listening to the union, there was no recognition of the CBA, there was no recognition of natural justice, even to say okay let us hear what the union will say. That was absolutely not done.”

Flowers says the ruling shows why employers must follow agreed procedures before taking disciplinary action. The tribunal also found that the Bank’s investigation was not genuinely open, because a determination of guilt had, in substance, already been reached before the process began.