Latest update November 5th, 2024 1:00 AM
Arbitrator orders sacked Linden Council workers reinstated
After a near two-month long arbitration process, which involved Justice Prem Persaud resolving a matter whereby two employees of the Linden Town Council were dismissed under questionable circumstances, the verdict has been availed to the Guyana Labour Union (GLU).
According to General Secretary of the union, Carvil Duncan, it was related that the results of the arbitration were made available last week, and clearly went in favour of the union.
Duncan said that not only was it recommended that the dismissed workers be reinstated, but that they be paid in full for the time that they were off the job pending arbitration.
However, he noted that only one of the employees will actually be eligible to reap the benefit of the arbitration, since the other had opted to resign before the conclusion of the arbitration process.
The General Secretary pointed out that the dismissal of the workers had stemmed from an incident which occurred on September 15 last year.
GLU General Secretary, Carvil Duncan
According to the arbitrator’s report, the two employees, who were both senior officers of the municipality at the time and were members of the GLU, were dismissed based on allegations that they had unlawfully removed articles and had conspired to commit larceny. There was also an allegation that they were insubordinate.
It was disclosed in the report that the council had sold one of its trucks, and on the day of the incident, the purchaser visited the council premises to collect some parts for the vehicle. It was noted that there was apparently an arrangement that some of the parts for the vehicle be handed over.
One of the dismissed employees was on duty at the time, and thus was fingered in the removal of a motor starter, prompting the council to take action against him.
A subsequent meeting was called in this regard by the council, and a decision was taken to have the employee dismissed, even though he was not questioned on the matter.
According to the General Secretary, the employee was eventually reinstated after the council was challenged by the union, but was demoted, hence the intervention of the arbitrator.
It was noted by the arbitrator in the report that the decision was not properly arrived at, since all members of the Town Council were not invited.
“This exposure has reflected the attitude and measure of unity within the council, and I cannot but observe that there seems to be a spirit of non-cooperation among officials of the council, which in turn is reflected in the work ethics of the employees.”
It was deduced by the arbitrator that there was not sufficient evidence to reveal a conspiracy to steal the property of the council.
“I find that he was not properly dismissed, and he should be entitled to payment of wages/salaries for such time as he was off work,” the arbitrator stated.
Although it would have been the recommendation of the arbitrator that the other employee who was dismissed based on allegations of insubordination also be reinstated with relevant pay, the matter was taken out of the hand of the arbitrator, since that employee had resigned.
“I find that no case has been made out against (the employee) for misconduct. Indeed, his alleged misdemeanours whilst employed within the constabulary did not apparently attract sanction, and he was transferred to another division. He had been off the job for 17 months, and it appears that he had no interest in returning to the job…”
According to Duncan, the verdict in the matter should serve as a representation that the union does not take its workers for granted, regardless of the situation, and will continue to strive to ensure that their rights are honoured by employers.
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