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The Constitution of Barbados has given all persons in Barbados Freedom of
Association; as employees are free to join a trade union or employees’ association, employers are free to do the same. This question, ‘can we stop this person from joining?’ tends to arise when someone in the management or supervisory team seeks to join a union or association, the answer is no, as this would be depriving that individual of their rights. The employer can however insist that the individuals be part of a separate bargaining unit. It is important to note that the Barbados Employers’ Confederation is a registered trade union, and that employers can exercise their right of association by becoming a member of the Confederation.
Employers also have the right to loyalty from their employees. With loyalty also comes the corresponding right to confidentiality of employees. Therefore, employees caught divulging company secrets or bad mouthing their employers are in breach of their implied, contractual obligation of loyalty and confidentiality, and can be terminated. It must be noted and understood that these rights to loyalty and confidentiality do not apply in those situations where the employee is reporting illegal or inhumane activities to the relevant authorities. The right to direct the internal operations of the organization lies with the employer, therefore you are the one who leads, operates, delegates and ensures the financial viability of your organization. While you may discuss certain aspects of the operations with employees or their representatives, ultimately the authority rests with you. Therefore, you, as owner, or manager have the right to alter operations to preserve the business, and contrary to what some persons believe the Employment Rights Act (ERA) has not taken that right away. The ERA acknowledges the right, but