Diallo Rabain on the balcony of the House of Assembly in early March. The Opposition MP exposed “illegal” work permits in the House of Assembly on June 3.

Dozens of work permits have been handed out without evidence that their holders have proper certification required by law.

And a large increase in the number of work permits issued for landscaper gardeners is to be investigated by the labour ministry.

Parliament heard on Friday, June 3, that 129 work permits were issued or renewed for landscapers in 2015 up from 47 in 2014 and just four in 2013.

The data for motor mechanics, electricians and welders were more modest – with 11, 21 and five work permits issued or renewed respectively over the three year period.

Labour Minister Pat Gordon-Pamplin provided the data in response to questions submitted by Opposition MP Diallo Rabain.

Motor mechanics, welders and electrician have been required to obtain certification sanctioned by the National Training Board since 2009. Landscape gardeners were added to the programme in 2014. It is unlawful to work in these professions without certification and employers face a fine of up to $10,000 for violating the law.

But Gordon-Pamplin could not provide statistics requested by Rabain showing how many of the work permit holders during the three year period had the relevant certifications.

In a written response to Rabain’s questions, Gordon-Pamplin said:

Presently, there is no data on how many of those issued work permits… have qualified for and been issued national certification.

It should be noted that the Department of Immigration and DWD (workforce development) are currently working together to create a policy for ‘designated occupations’ to confirm that all applicants for work permits meet the minimum qualifications for certification and to ensure that they are certified within the 90 days required by the legislation.

Rabain pressed the issue during the motion to adjourn saying “no data means they haven’t been registered.” He pointed out that the workforce development department maintains a list of certified persons allowing employers to verify certification.

The crux of the matter is we have legislation that says you have to be certified. We have data that states no one has been certified since before 2012. We have a department of workforce department under which the national training board falls that is charged with making sure that anyone who is in these professions, is certified – they are not doing their job. We have a department of immigration that’s approving permits for people who are not qualified to be certified. That department of immigration is not doing their job.

The Government has allowed this to happen right under their noses. there’s been a policy that’s put in place to protect Bermudian jobs by levelling the playing field and they have run rough shod over that policy.

He dismissed the minister’s “disclaimer” that a policy was being created saying the law has been in place for several years.

And Rabain pointed to two job ads he said had been displayed on the job board for landscape gardeners with expiring work permits which made no mention of certification as a requirement.

In her response to the criticism, Gordon-Pamplin said she would look into the “very stark and frightening” increase in permits for landscapers. But she criticised the Opposition’s “righteous indignation” arguing that it had presided over discrimination against Bermudians when in power.

Gordon-Pamplin said:

I don’t want to see any Bermudian overlooked in favour of a work permit holder. It’s just not my style.

She noted that certification is intended to protect the consumer and applied to local as well as foreign workers.

But I’m not going to sit back and allow somebody who is required by legislation to have certification if you are going to be approved for a work permit to come in and say you’re going to come in and not have that work permit up to date. That’s unacceptable and its something we will certainly come to grips with.

Expiring work permits and certification

Three vacancies for landscape gardeners and two for electricians are listed on the online Bermuda job board, as of this afternoon.

None of the postings seeking landscape gardeners list certification as a requirement, but the ad for electricians – at Sea-M limited – insists on “National Certification (Full License) City & Guilds or equivalent”.

Linda Amaro, owner of Greenview Landscaping and Gardening Maintenance, which lists two landscaper vacancies, told Politica that she was not aware of the national certification requirement for landscapers.

She said the company has some non Bermudians in its ten-strong workforce, but always has training positions open for Bermudians and is currently seeking locals to replace outgoing Bermudian labour.

“We’re always looking for Bermudians. Always,” Amaro said.

None of the 30 expiring work permits held by landscape gardeners currently listed on the job board mentions national certification or equivalent as a requirement.

According to the job board, there are two work permits held by electricians which expire in 2017. Those listings do ask for copies of “relevant certification” but make no reference to the compulsory national certification.

Only three out of the five expiring work permits held by welders listed on the job board mention national certification.

Employers are required to advertise positions on the job board for eight consecutive days prior to applying for a work permit.

According to the minister’s responses to Rabain’s questions on the job board, the expiring work permits data contains details from the original job postings.

Rabain’s questions also exposed flaws in the job board system as the minister was forced to admit in her written responses that Government could not provide the total number of jobs advertised on the board or a numerical breakdown of the jobs filled by Bermudians not registered or registered at the workforce development department or the job board, or by work permit holders.

What is job board doing? If we can’t ascertain how effective it is, what’s the point of having it?

Director of the workforce development department George Outerbridge has not responded to our emailed queries this afternoon.

Bermuda’s unemployment rate was at 9 percent according to the 2014 labour force survey.

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