Latest update April 1st, 2025 5:37 PM
Jan 28, 2015 News
Three weeks after a controversial arbitration ruling, a sugar worker who was dismissed by the Guyana Sugar Corporation (GuySuCo) last year has taken the matter to court.
Daniel Stephen and his union, the Guyana Agricultural and General Workers’ Union (GAWU), have filed separate applications, and have been granted interim injunctions that compel GuySuCo to treat the worker as suspended without pay rather than being dismissed – that is, until the court case is heard.
The case comes up tomorrow before Chief Justice (ag), Ian Chang.
In his case, Stephen has named GuySuCo and Mohamed Akeel, the Arbitrator, as the defendants.
The plaintiffs named in the GAWU case are General Secretary, Seepaul Narine and Trustees, Yashomatie Rampersaud and Sattie Basdeo.
In late December, Akeel announced that he could not proceed further in the arbitration proceedings and was unable to determine whether the dismissal of the worker was justified.
Akeel, during the announcement of his ruling and conclusion of the dismissal of Stephen, said that he had to “bring this Arbitration to an end by ruling that Mr. Daniel Stephen remains dismissed, but whether the dismissal was justified or not, I was not allowed to determine.”
The end came to the arbitration proceedings because GAWU and GuySuCo were unable to agree whether the mill dock operator was dismissed or suspended.
Immediately after the announcement by Akeel, the union said it would be examining its legal options.
According to Akeel, in his report, on the night of September 19, 2014, there was an incident within the vicinity of the Mill Dock at Skeldon estate involving the Estate Manager, Devendra ‘Dave’ Kumar and Daniel Stephen.
News reports had said some slapping was involved. The worker was dismissed by Kumar, who confirmed same via a letter the following day. The incident sparked strikes and a shutdown of estates, with consequent countrywide blackouts after the Skeldon co-generation plant was unable to operate.
The matter went to arbitration after GAWU and GuySuCo were unable to agree on the way forward.
Akeel said that he was appointed the Arbitrator to “enquire into the disciplinary action taken against Mr. Daniel Stephen and having regard to the evidence and submission by the parties to make an award as the arbitrator deems fit”.
The Tribunal was required to enquire into the disciplinary action taken against Stephen.
However, from the statements of both GuySuCo and the union, it was clear that different positions were taken – GuySuCo maintained that it was dismissal while the union said it was disciplinary action.
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