Review of Child Labour Laws of Barbados
cross-examine the occupier or owner, if he gives evidence, and any witness called by him; and
call rebutting evidence.
Where an inspector, upon his/her discovery of the commission of an offence, is
satisfied as to the person by whom the offence was committed and that
the occupier or owner as the case may be of the factory has used all due diligence to enforce the execution of this Act; and
the offence has been committed without the consent, connivance or wilful default of the occupier or owner and in contravention of his/her orders,
the inspector shall proceed against the person whom he believes to be the actual offender without first proceeding against the occupier or owner of the factory.
Section 114: Where, under this Act any person is substituted for the occupier or owner with respect to any provision of this Act, any order, summons, notice or proceeding which for the purpose of these provisions is by or under this Act required or authorized to be served on or taken in relation to the occupier or owner, is hereby required or authorized, as the case may be, to be served on or taken in relation to that person.
Section 115: Where, in a factory the owner or hirer of a machine or implement moved by mechanical power is some person other than the occupier of the factory such owner or hirer shall be deemed to be occupier of the factory in so far as respects any offence under this Act committed in relation to a person who is employed in or about or in connection with that machine or implement, and is in the employment or pay of the owner or hirer.
According to Section 103(2) of the Shipping Act, no person shall employ an individual under the age of 18 years in any capacity in any Barbadian ship unless a certificate granted by a duly qualified medical practitioner certifying that that individual is fit to be employed in that capacity, is delivered to the master of the ship. Subsection (4) of Section 103 prohibits the employment of any person under the age of 18 years in the engine room of any vessel unless he is an apprentice working under supervision, and does not apply to a vessel in which members of the same family are employed.
Section 67 of the Liquor Licences Act states that; (i) No person under the age of 18 years shall be employed in connection with the sale or supply of intoxicating liquor on any premises in respect of which a retail member’s club or proprietary club licence is granted. (ii) No person under the age of 18 years shall be wholly or mainly employed in serving intoxicating liquor on any premises in respect of which a restaurant or hotel licence is granted.
The laws provide an effective coverage of sanctions for offences related to ILO Convention No.138. However, having regard to the fact that the quantum of fines was