NASSAU, BAHAMAS — The Bahamas Customs Immigration & Allied Workers Union (BCIAWU) is urging the government to adhere to a 2021 Supreme Court ruling which determined that the government had been unlawfully appointing Immigration Officers on a contractual basis, violating the Constitution and the Immigration Act.
The ruling affirmed that only the Governor-General, advised by the Public Service Commission, has the authority to make such appointments.
Deron Brooks, President of the BCIAWU, in a statement, expressed concern that the Bahamas Customs Department may be planning to rehire retired officers, which the Union opposes. Brooks argues that the government should promote from within the existing ranks rather than hiring outside contractors. He emphasized that the Union will continue to act in the interests of its members and advocate for adherence to legal and procedural standards.
Brooks stated: “The Union has successfully challenged the practice of successive government administrations that contractually appoint persons as Immigration Officers. On September 10th, 2021, the BCIAWU (represented by Mr. Obie Ferguson K.C.) requested a judicial review to determine the legality of these contractual appointments. The BCIAWU was of the view that the government of the Bahamas was in breach of the Industrial Agreement and two key enactments of law.”
He further noted that on December 15th, 2021, the Supreme Court ruled in favor of the BCIAWU and declared the matter settled. Brooks also mentioned: “It is also the understanding of the Union that the Bahamas Customs Department may be considering re-engaging the services of retired officers. The mandatory retirement age in the civil service is sixty-five years old. While the Union has nothing against the individuals themselves, the Employer should consider acquiring what they need from within the rank and file of the respective departments.”
Brooks warned about the potential negative impact on morale within the department, stressing that promoting from within is a better approach than rehiring retired officers.
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