Veteran trade union leader and Government Senator Kavan Gayle, amidst concerns from church groups that their members are being treated unfairly by employers due to their religious commitments and beliefs, is insisting that there are existing powers in law that can be leveraged.

Gayle, who heads the Bustamante Industrial Trade Union, made the suggestion Thursday during the Religious Liberty Summit put on by the Seventh-day Adventist Church in Jamaica at Conference Centre in downtown Kingston.

He said the Labour Relations and Industrial Disputes Act (LRIDA), along with the companion Labour Relations Code (LRC), can be leveraged in these situations.

“One of the things we encourage is that we have these powers in law that we need to be aware of, and if you feel discriminated you need to exercise the powers in law,” Gayle told the summit, which was designed to foster dialogue and understanding among different religious groups here over concerns that employers and institutions allegedly continue to “disrespect religious rights and beliefs”.

Said Gayle, “These laws play a crucial role in safeguarding workers’ rights, including protections against unfair dismissal and discrimination, which may arise due to religious beliefs. This legislation provides the legal framework for resolving industrial disputes and sets the guidelines for fair employment practices.”

He noted that under the LRIDA, workers have the right to seek redress if they believe they have been treated unfairly due to their religious commitments and beliefs with the first points of contact being local level discussions.

“And if that fails, you have the opportunity to escalate the matter for mediation at the Ministry of Labour. If these mechanisms fail to provide a resolution, then through a referral by the Honourable Minister of Labour [it can be escalated] to the Industrial Disputes Tribunal (IDT),” Gayle said.

Last week, Nigel Coke, public affairs and religious liberty director for the Jamaica Union Conference of Seventh-day Adventists, told Jamaica Observer editors and reporters that Seventh-day Adventist membership has been coming under increased pressure in relation to going beyond hours on Fridays and Saturdays which is considered their Sabbath.

The public affairs and religious liberty director, in the meantime, said the church group has taken its advocacy to all levels in the search for understanding which, he said, has left some members dispirited, hence Thursday’s interfaith summit.

“We have basically explored all the routes, we have taken on some directly, and then there are others that we would have hoped would reach, maybe the courts, because we can do litigation and we have members who explored with the Ministry of Labour, but the kind of feeling that they get within the organisation, it’s like they are ostracised, and so what you have happening in a number of situations is that they just quit the job because they can’t bother,” he told the Observer while calling for help from the trade unions.

On Thursday Gayle said, “Employers must recognise that respecting religious liberties is not only a legal obligation but also a moral imperative that fosters a more inclusive and harmonious work environment.”

“Through continued engagement and adherence to the LRIDA, along with the complementary Labour Relations Code, we can create workplaces that uphold both economic productivity and fundamental human rights. Not because you are a Saturday worshipper it means that you are not producing. Not because you are of a different religious persuasion means you are not actively meeting the targets of the organisation,” he declared.

He, in the meantime, said the 2014 Employment (Flexible Work Arrangements) Act, which did not carry guidelines when introduced, has “shortcomings” which need to be addressed.

“One of the things I am strongly recommending is that it needs some guidelines because employers need guidance in how to operate. We also have policies in workplaces but you can’t establish policies in workplaces that are aimed at protecting the employers and those policies are discriminatory in nature. When you have these policies you must bring that level of awareness and sensitisation and the employers need to know how they will govern the policies and the employees need to know how they are being administered under the policy,” he added.

Prime Minister Dr Andrew Holness, who also addressed the summit, said the Government remains committed to ensuring that Jamaica’s laws and policies reflect respect for religious diversity.

“We recognise the concerns raised by members of the Seventh-day Adventist Church and other faith communities regarding Sabbath observance, particularly in employment and education,” Holness said.

Noting that flexi work arrangements can be leveraged, the prime minister said, “For its part, the Government will continue to engage with religious organisations, the private sector and the Ministry of Labour to review existing policies and practices to ensure that religious liberties are upheld in alignment with Jamaica’s laws and international human rights”.

“What I can say this morning, without hesitation, is this, your Government is dedicated to upholding religious freedom, ensuring everyone can worship, or not, as they choose. This is both a legal and moral duty — affirming individual dignity and fostering a society where all can thrive,” Holness stated.

Opposition Leader Mark Golding, in his remarks, noted that with more than 10 years since its introduction, the Flexible Work Arrangement “might need adjustment”.

And Labour Minister Pearnel Charles Jr, who also addressed the gathering, said the Act, which supports constitutional rights by creating a framework for employment practices that respect religious observances and which also defines rest days, “protects against discrimination”.

“So, if you are a Seventh-day Adventist and you worship on Sabbath or you have to leave early on a Friday, you can have that negotiation with your employer without fear of discrimination or penalty, or you should be able to,” Charles Jr said while encouraging church leaders to approach the ministry if they have experiences to the contrary.

“If there are any church leaders, for instance, that are approached by members of their congregation with specific issues relating to religious liberty, please get in touch with us, please let us know so that we can assist in terms of confronting the issue and perhaps these unique cases will guide us in whatever amendments we need to make to the legislation. We also commit to ensure that flexibility should not, in any way, infringe but should advance religious rights,” the labour minister said.

“We have a lot of work to do in terms of ensuring that the legislative framework for our labour laws is strong, and so we will be working with the International Labour Organization, starting this year, to do a comprehensive review of all of our laws, including our flexi-work arrangement to make sure that we are moving apace with the evolution of work,” Charles Jr told the summit.