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The CLO’s statement has implications for industrial relations

Nov 09, 2010 Letters

Dear Editor,
The Kaieteur News of October 30, 2010, carried an article under the heading – “Barama sacks four workers.”
The article states that following a boiler shutdown that forced the closure of its plywood factory, Barama Company Ltd. (BCL) has decided to sack four staffers, two supervisors, a senior operator and a plumber and the Company deemed them “ineligible” for any redundancy package.
The article states further that the Chief Labour Officer (CLO), Yoganand Persaud, confirmed that he met with top BCL officials and the four staffers, and that he was “working” with the parties to have the Company just pay off the staffers instead.
Mr. Editor, this statement by the CLO has implications for industrial relations and it will be appreciated if the CLO can clarify the following: –
a) What he means by the statement – “working with the parties to have the Company just pay off the staffers instead”
b) Did the Ministry carry out an investigation, if so: –
i) Was it found that the workers were wrongfully dismissed/sacked? If they were wrongfully dismissed, why “work” with the parties for them to be paid when the Company had an obligation to pay all terminal benefits?
ii) Was it found that they were properly dismissed?
If they were properly dismissed, why “work” to have the Company pay when there was no obligation to pay? Are they to be rewarded for being negligent?
Would not such a course be in violation of the Termination of Employment & Severance Pay Act?
If the workers were negligent, just look at the consequences of that negligence, closure for one year, 274 workers losing their jobs, non-supply of plywood to local and overseas markets, not to mention the cost of repairs.
The rule was and should be that employees should not be deprived of what were legally due to them; on the other hand employers should not be made to pay what they were not obliged to pay.
I anxiously await and I am sure all Human Resource Practitioners and Trade Unionists are also interested in his response.
Mohamed Akeel

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