Orville Taylor, Contributor

Pink is the colour of women and there is a little bug that the Government is having some success in eliminating. It is the pink 'O'Meally' bug, and one way of rendering it ineffective is to introduce a little 'parasitoid' wasp from a similar environment. This insect is not capable of growing large in its original habitat, and, in fact, try as it may, it could never be the top predator in a larger ambient. Many of these wasps are bred in captivity on former plantations and the Faculty of Pure and Applied Sciences of the University of the West Indies (UWI) has such expertise. Rumour has it that one wasp might have escaped north. 'UTech, sleep and mark death! one wasp is dangerous, a more effective way of eradicating the bug is if you have a 'whole nest'. Read further, 'UWI,' understand!

A week ago, the news broke that the Pro-Chancellor of the University of Technology (UTech), Blossom O'Meally Nelson, had come to a mutual agreement with Minister of Education Andrew Holness to end her association with the institution. With the exception of a few persons who are asleep, and another set who have closed their eyes, nobody believes that the separation was based on consensus.

Types of dismissal

In essence, there are two ways that persons may end their relationship with an employer. The most common is a dismissal. Dismissals occur in various forms, the most frequent is for misconduct. However, in order for that to be 'justifiable', there must be cause and there must be the adherence to the rules of natural justice or appropriate disciplinary procedures.

Another type of dismissal is where there is redundancy. In this case, an employer has either ceased or contracted operations, or intends to do so. Similarly, if he dies or sells the business, then the worker is dismissed for redundancy. No such thing occurred at UTech unless one wants to argue that the change of administration is a sell-out.

A resignation, on the other hand, is a completely voluntary event, in which the individual worker has independently exercised his will. The key element is whether he has a choice to remain undisturbed in the organisation, irrespective of the wishes of the employer or his agents. In law, there is no such thing as a forced resignation. If the employee has n except to be fired, then it is a dismissal. The Employment Termination and Redundancy Payment Act (ETRPA) of 1974 makes it explicit that if a worker is forced by the conduct of the employer to end his contract, then it is a dismissal. In industrial relations law, we call that a 'constructive dismissal'.

Something repugnant

There is something repugnant about this particular parting of ways. It smells like a witch hunt even though it very well has more to do with 'science' rather than 'syance'. If there were internal conflicts within an organisation, with some of the brightest people in the country, then one would imagine that they could have been resolved. However, if it is the wish of the administration to dispense with the services of Dr. O'Meally-Nelson, then one should have the candour, political fortitude and 'will', instead of having the contract die 'intestate'.

One must understand that Commonwealth jurisprudence has progressed past the simple act of treating a job as a mere contract. Now, it is recognised that a person's job is his property, just like real estate. If it is to be taken away, it must come after due process and even so, there is always the notion of compensation, because the long-serving employee has built up equity in the property.

Beyond that, a job is supposed to be a source of pride and dignity. Chasing a worker of any category out of his work in an unceremonious fashion is wrong in law and in principle. It is inhumane. Upon these principles, the founder of the Jamaica Labour Party registered the Bustamante Industrial Trade Union this week in January 1939. But then again, there has only been one pro-worker government in the history of modern Jamaica, and it was for a brief five years from 1974 to 1979.

For the record, there is emerging research, carried out by yours truly, that clearly demonstrates that the rise in homicides between 1992 and 2006 is strongly correlated with declining labour standards and increasing cases of arbitrary and unjustified dismissals.

Right man for the job

Nonetheless, employers, including the Government, must have the right to appoint the best persons for jobs, assuming, of course, that they are prevented from using undue political bias. Indeed, there are some who now feel that the 'Driver' appointed the right man for the job even though he had earlier described his constituency as the "mother of all garrisons."

Well, the events of last Sunday must be providing a difficult dilemma for him and Brother Desmond. One is uncertain if the police/military did anything different from what they did in 2006. However, this time, the councillor commended the police and Driver took a few days before his bus reached. But the residents were not pleased and there are shouts of betrayal. Hopefully, the investigations will be properly conducted and the truth will emerge.

It must be a difficult time to be Bruce Golding now as he is caught between the Devil and deep blue sea, but the rule of law must prevail. I am not quite sure who the devil is, but the only worse case would be if he had got financing from both Cash Plus and National Commercial Bank. Nevertheless, Driver must not 'change course' as we cannot afford for the bus to flip or flop.

Dr. Orville Taylor is senior lecturer in the Department of Sociology, Psychology and Social Work at University of the West Indies, Mona.