J. Fairweather is the managing director of a security company in…

J. Fairweather is the managing director of a security company in Jamaica. As part of his management duties, he monitors the news to assess the impact of environmental changes on his operations. His company Clean Target Security Company employs approximately 300 security guards and provide security services in 7 parishes across the island. Due to the volatile nature of several communities and high security concern in the island, there is a strong demand for the provision of security guards as well as security consultancy services and security devices such as alarms, closed circuit cameras, panic buttons etc. J. Fairweather is particularly concerned about recent developments on the legal scene that was likely to have a significant impact on his operations.
He read the following development from Loop News, a recently formed news outlet that provided up to date information on breaking developments primarily through internet sources:
“Security guards employed in the private security industry are celebrating the recent ruling by the high court which, in effect, now means they are entitled to the benefits applicable to employees. Workers in the industry have complained for years of poor treatment, long work hours without the benefit of overtime pay, and the absence of other benefits accorded to workers categorized as employees under the law.
But, with the recent court judgement, Bustamante Industrial Trade Union (BITU) President General, Kavan Gayle, says private security firms will be hard-pressed to refuse any of the labour benefits that the guards are now entitled to.” (Gordon, 2022)
J. Fairweather realized that the court ruling was made for a rival security company however the nature of the ruling suggests that the verdict would be applicable to all security companies and in any case the widely publicized verdict would cause the security guards of his company to agitate to be treated the same way. As he pondered the implications of this court ruling, J. Fairweather decided to read some more and assessed the following from Loop News:
“The wide-ranging labour and legal implications, which now basically spell “better treatment by security companies”, have left many workers in the industry quite happy. A 30-year-old woman, who recently had to take months of unpaid sick leave, reasoned that the ruling means “things would be much better for me as a female”.
The woman, who did not wish to be named, said it would mean the ability to now get maternity leave. “It is going to be better for our pockets, and families can now plan better. And, if the overtime rate [that the employers will now have to pay based on the ruling of the court] is more than the rate for regular hours, financially, that will make a big difference,” she said of the potential financial gains to workers following the court’s ruling. She explained that previously, “security guards worked to pay themselves. If you don’t go to work, you don’t get paid, but I am looking forward to being treated like a real employee who can get sick leave.” (Gordon, 2022)
Concerned about the possible impact on his company J. Fairweather rapidly convened a meeting of his management team. One member of staff suggested that a more serious impact could be on the security guards themselves. According to this member, financial analyst Dennis Chung commented “effectively it is going to work against the security guards themselves than the actual companies because they will find something else that has a greater return on capital
Based on the suggestion that redundancy was and could be used in circumstances to limit agitation of security guards, do you think a guard made redundant under such circumstances could successfully challenge this action? Use provisions of the labour law to support your answer.

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