The company has been embroiled in a drawn out dispute with workers after it unlawfully made deductions on the workers’ salaries.
The ensuing protest action by the workers led to a company-sanctioned lockout that eventually led to the employment termination of the workers. But the issue has been raised with the National Workers Union whose grievance officers have been contesting the company’s decision to fire the workers.
The issue was brought to the attention of Labour Commissioner George Melchoir, where Sunshine Industries had argued that the workers involved in the dispute were dismissed due to re-structural changes at the company.
But upon deliberation of the facts, Melchoir has determined that the company has no grounds for firing the employees and the move is a direct violation of section 327(b) of the labour laws which speaks to protection against discrimination and threats, and section 385 which speaks to the effects of strike on contract of employment.
The ruling to reinstate all the dismissed workers was outlined in a letter dated February 13, 2013 from Deputy Labour Commissioner Ray Narcisse to the management of Sunshine Industries Ltd.
Sources have confirmed that so far the company has not yet complied with the ruling and the seven workers have not been reinstated.