Punish them
Tufton wants stiff sanctions for entities in public health sector which fail to meet contractual obligations
HEALTH and Wellness Minister Dr Christopher Tufton is pushing for stiff penalties to be imposed on entities contracted to carry out services in the public health sector when they do not meet their contractual obligations.
Tuffton’s comment came against the background of issues surrounding Minott Janitorial Services Limited which is contracted to do janitorial, maintenance, and porter duties at the Spanish Town Hospital in St Catherine.
Earlier this year workers employed by Minott gathered at the entrance of the hospital to protest against the poor working conditions as well as delay in the payment of their salaries, and no benefits being paid or offered.
“I have gotten a lot of calls, actually on more than one occasions, over the last year. I’ve been told about late payments, or indeed non-payments in some instances, and so I am going to be talking to them. I have spoken to the region and I’ve given instructions that if this breach is, in fact, a prolonged period of breaches, then they should make arrangements for an alternative entity to assume this role until they can allow for some sort of competitive process,” Tufton told journalists following a media tour of Spanish Town Hospital.
“In other words, this represents now an emergency and appropriate action should be taken because it compromises the institution. Portering and janitorial work are serious health issues and it compromises patient care, so that is my position. I have said it to the parish manager, I have said it to the regional director, and I’m saying to all others who are engaged through contract to provide services: They should live true to their obligation,” declared Tufton.
He argued that if contracted entities have issues with a health region or the health ministry in general, they should discuss it.
According to Tufton, in the Minott case there are no issues as far as he is concerned and, therefore, strong action needs to be taken.
“This has been going on for too long and we need to show some care for the workers, many of whom have their obligations and I think it’s only fair that they be given [what] they expect,” said Tufton.
The health minister charged that the issue of contractors not living up to contractual arrangements is too much of a recurring theme and pointed out that the region which hired this contractor is not delinquent in any way in terms of its payments.
“How it works: Portering service is like catering service — there’s a bid. There are companies that bid, there is a process of procurement which leads to a winner and that entity would provide the service as an independent contractor and they are expected to follow contractually what is required of them — to…hire and compensate their employees. So these employees are not hired by us,” explained Tufton.
“Having said that, we do have a responsibility to ensure that they live true to their contract, and part of that responsibility is that their staff members are sufficiently taken care of under law and in contract to do their jobs here, the extent to which there are disruptions from [workers] complaining that that they are not paid is also very concerning to us,” added Tufton.
Responding to a query as to whether that contractor will be allowed to bid for future contracts in the health ministry, Tufton said that is a conversation that is taking place at the level of policy around contractors who breach their contractual obligations and the extent to which they qualify for future contracts.
“As of now, there is no rule that prevents a contractor from applying or reapplying later on, even if they are in breach of their contract. But there is strong consideration around penalising such a practice in order to discourage persons, either not fully prepared or not fully committed to ensuring that their contracts are carried out fully.
“I have opinions on it, strong opinions. I believe that one should be penalised for not living true to their contractual obligation. But the law does not preclude, as of now, that from taking place,” said Tufton.