Orville Taylor
Imagine! World history was made twice last week and we have to dedicate space to a discussion that should 'Hardley' have made news. Usain 'Bolted' to a world record 9.72, putting the Gay question behind him. Barack Obama crossed a critical hurdle in becoming the first overtly black person to be the presidential candidate of a major American political party, and we are embroiled and distracted by a master debate as to whether and why, the commissioner of police, Rear Admiral Hardley Lewin, might have resigned. Or did he?
In a fashion reminiscent of the former People's National Party frequently used cloak of silence, the prime minister has remained mum on the alleged resignation.
It does appear to be a legitimate resignation and not one of those dismissals oftentimes disguised as negotiated resignations. Implicit in any resignation is the notion of a voluntary separation initiated by the employee. In such cases the worker has an option to remain or leave if he wishes. Therefore, a withdrawal of the letter or declaration of resignation suggests that there was no coercion.
Dismissal
Nonetheless, there are indeed circumstances when a resignation is neither forced nor negotiated but is still a dismissal. At common law it is called a 'constructive dismissal'. This essentially means that the action, or sometimes inaction, of the employer make it impossible for the worker to perform his duties and, as such, the contract of employment is breached.
Section 5 (c) of our Employment (Termination and Redundancy Payments) Act of 1974 states "an employee shall be taken to be dismissed ... if he is compelled, by reason of the employer's conduct, to terminate that contract without notice."
Therefore, if the commissioner were not given the tools to perform his job, as contractually agreed, and other factors were put in place to frustrate him, then he could terminate it, be considered dismissed and even have a claim for unjustified dismissal. Since the commissioner is not speaking, and not even Colonel Trevor MacMillan, who is noted for making unofficial announcements, has bleeped, one simply has to guess.
Superintendent Michael James, chairman of the Police Officer's Association, suggested that some of the basic prerequisites that the Commissioner had asked for prior to taking the unpopular job were not forthcoming. After all, why would a government that is serious about crime fighting reduce the budget of the Jamaica Constabulary Force? Then, of course, there was the dissonance as to whether the general or specific crime plan was the purview of the minister or commissioner. Too much foolishness!
Lack of openness is breeding ground for speculation as to who is directing (security) policy of this country. The prime minister declares that it is the responsibility of the commissioner. The truth is, the (prime) minister is responsible for policy and the commissioner's remit is the nuts and bolts operational details. However, the political administration must finance the recurrent expenditures and the overall crime plan.
Nonetheless, just before the resignation was supposedly sent, the editorial in the lesser-read Sunday paper declared, "Commissioner Hardley Lewin needs to go." While it is not unusual for media houses to make such demands, it is too coincidental that it was that same tabloid that had the scoop that the decision to hire MacMillan was made at a meeting "attended by" the prime minister. Furthermore, that he could have bypassed the prime minister, acting minister and minister of information and blurted it out says that Driver's bus has an external engine.
Adding fuel to the fire, published rumours have abounded about tension between the Admiral and the Colonel due to the disparity in their last army ranks. Others have been pushed about the worsening relations with the rank and file and officer corps of the constabulary. Both James and Police Federation Chairman Corporal Raymond Wilson have reported a cordial and improving relationship and chairman of the Island Special Constabulary Force, Inspector Christopher Bowen, speaks of an excellent one. Obviously, then someone has a vested interest in undermining the man who has 'Hardley' begun his work and has 'Hardley' got any material support. You can 'Hardley' blame him.
In the past public 'patriots', extraneous to the Cabinet, have had Massa God-like powers. This time the messianic one could possibly be wearing Jesus' 'sandals'. Nonetheless, this footwear could not stand up to the army boots as the admiral could not be booted from the rear.
Less talking
It is all good and well that the private sector is sensitive about crime and is giving its two cents. Yet, given the multi-million dollars that exist among those who give freely for political campaign financing, they could do less talking and put the money where there mouths are. Simply put, spend some money and help the police get the critical equipment and technology and tourists might be more inclined to diversify their stays and venture outside of all-inclusive hotels. Oops, maybe that is not the objective!
Speaking of foreigners, Hillary Clinton perhaps had the same statisticians who under-report serious crimes in some police divisions because she overestimated her support. Let's hope that Obama's impending victory will bring us some benefits. Don't jump on the black or Democratic bandwagon though, because there are two things about them that should cause worry. It was Bill Clinton who took our banana agreement with the European Union to the World Trade Organisation, effectively destroying the Caribbean's industry. American private sector interests, 'red eyed' over our three per cent of global banana trade, wanted more than the 60-odd per cent they control.
One rallying cry of Obama has been the loss of American jobs due to international trade agreements. Black doesn't necessarily mean pro-Caribbean. Congratulations still!
Dr Orville Taylor is senior lecturer in the Department of Sociology, Psychology and Social Work at UWI, Mona. Please send feedback to orville.taylor@uwimona.edu.jm or columns@gleanerjm.com.
