RECENTLY elected Bahamas Hotel Catering and Allied Workers Union (BHCAWU) President Nicole Martin has been ousted from her post following a landmark Supreme Court decision yesterday.

In a 35-page judgment handed down by Justice Jon Isaacs, Martin, the first woman president in the union?s almost 51-year history, was ordered to be removed from her post as the union elections held on May 28 were declared null and void. Approximately 6,000 members cast their votes in those elections.

Justice Isaacs also granted two other grounds of relief sought by the First Vice President Kirk Wilson and twelve other members who are listed as applicants in the court action. Justice Isaacs ordered that the certification by Registrar of Trade Unions Harcourt Brown on June 2 of the elections held on May 28 be vacated and that the Registrar supervise the union?s elections within 30 days of the order of the court.

In the ruling Justice Isaacs noted that by his lack of response to the concerns of the executive council, ?the registrar while professing an inability to interfere with the internal workings of the union has done exactly that by abetting the minority of the council to hijack the union?s election process through his agreement to supervise the Douglas election. This is truly an example of the dog wagging the tail.?

?In the circumstances as I have found them to be, the General Secretary?s request for the Registrar was not the request of the union, the Registrar?s determination to supervise the Douglas election was outside his authority and the applicants are entitled to the declarations they seek, the ruling stated.

?I recognise that to require the union to undergo a second election is onerous but that is an eventuality freely accepted by those who went forward with the Douglas election in the full knowledge that it was opposed by the body responsible for determining the election dates,? the ruling stated.

Wilson and the union members were represented by Obie Ferguson and Keod Smith. Mr Ferguson told The Tribune yesterday that Mr Wilson has control of the majority of executive council members and will essentially have control of the union for the next 30 days.

?The fundamental point that needs to be recognised with the trade and labour union movements is that the Registrar of Trade
Unions and all public officers are accountable to the extent that they must act properly. They must follow the procedure that they are governed by and they ought to ensure that the rule of natural justice is realised,? he said.

Mr Ferguson said that yesterday?s ruling was a confirmation that the constitution of the union and the rule of law applies. ?This is a very significant ruling; it is a landmark ruling and one which will advance the cause of labour relations in the country,? he said.