Suspension or dismissal? Tensions flare over Skeldon arbitration decision

Dec 31, 2014 News

The Guyana Agricultural and General Workers’ Union (GAWU) is “flabbergasted” over an arbitration decision in which a Skeldon estate worker, believed to be on suspension, was ruled to be dismissed.
Since September, the issue has divided the union and the Guyana Sugar Corporation (GuySuCo) after the latter refused to reinstate the mill dock worker, Daniel Stephen.
The union is now hinting at other actions.

Arbitrator, Mohamed Akeel

Initially, the matter went to conciliation, and after that failed, it was referred to arbitration, with former Chief Labour Officer, Mohamed Akeel, appointed to examine the matter.
According to GAWU, the nine-page report by the Arbitrator, released during a press conference on Monday, is rather confusing, and is also of concern.
“A run-of-the-mill labour dispute which could have been settled weeks ago with the guidance from the Ministry of Labour was, for some unfathomable reason, not favoured by GuySuCo.”
The union, the sugar industry largest bargaining body, was baffled why a cash-strapped GuySuCo would choose to go the way of a tribunal.
“For an industry that is in serious financial straits this approach will no doubt needlessly increase by millions its debt difficulties.”
GAWU, in a statement yesterday on the decision by the arbitrator, noted that on November 26, when Akeel concluded the Tribunal proceedings, it was made clear that “…if we don’t agree to move forward by altering the Terms of Reference which I cannot force, my duty (which is) based on the Terms of Reference is finished, because there is no disciplinary action for me to inquire into, so the matter is concluded here”.
For the union, this was a clear and unambiguous conclusion.
“This end favoured Daniel Stephen. But then, it seems our experienced arbitrator, rather suddenly experienced a sea change. On December 29, 2014, he presented a report, which, among other things incomprehensibly stated: – “Being unable to proceed further I have to bring this Arbitration to an end by ruling that Mr. Daniel Stephen remains dismissed…”
GAWU insisted that it was dismayed by the conclusion of the report when the Arbitrator declared that Stephen remains dismissed.
It said that it was GuySuCo which had suspended Stephen by letter dated September 25, 2014 which reads: ”This letter therefore confirms that your summary dismissal has been recalled and you shall remain off the job as suspension without pay until the outcome of either conciliation or arbitration proceedings.”
The union contended that it is outside Akeel’s Terms of Reference to have concluded “that Daniel Stephen remains dismissed”.
“Rather he ought to have determined the end date of the suspension of the aggrieved worker. GAWU will pursue this matter in a different fora. We remain convinced that our member is unjustly penalized and is deserving of our full solidarity. Well, the Christmas Story of Scrooge may not be a story belonging to times past.”
During the report’s presentation on Monday at GAWU’s Kingston headquarters, several top officials of the union were there, including President, Komal Chand and General Secretary, Seepaul Narine, and its lawyer, Roysdale Forde.
Also there were GuySuCo’s Chief Executive Officer, Dr. Raj Singh, and Senior Counsel, Ralph Ramkarran, who turned up in the absence of Nikhil Ramkarran on GuySuCo’s behalf.
The CEO did not comment on the matter Monday, saying he wanted to study the report of Akeel. Singh said that he was unable to comment on the ruling of the Arbitrator as he has to read the report. GAWU said it will be speaking with its lawyer to determine how to proceed.
The matter was sparked by an alleged altercation on the evening of September 19, 2014, within the vicinity of the Mill Dock at Skeldon estate, Berbice, involving the Estate Manager, Devendra ‘Dave’ Kumar and Stephen.
News reports had said some slapping was involved. Kumar gave him marching orders, confirming the dismissal via a letter the following day. The incident sparked strikes and a shutdown of estates, with countrywide blackouts after the Skeldon co-generation plant was unable to operate.