Latest update April 3rd, 2025 7:31 AM
Jun 20, 2015 News
Not only is the Guyana Public Service Union (GPSU) demanding that Nurse Colleen Hicks’ dismissal be
withdrawn with immediate effect but it has made it clear that the union is prepared to take whatever appropriate measures are available to have the decision reversed.
And these measures, according to Senior Industrial Relations Officer, Dennis English, could range from industrial action to the grievance procedure; taking the matter to the level of the Ministry with responsibility for labour issues.
“At this stage we are demanding a withdrawal, failing which, there will be serious consequences,” warned English as he related that the GPSU, which has committed to represent Hicks, has advised her to remain on the job.
Hicks, according to a contract made available by the GPSU yesterday, entered an agreement with Chief Executive Officer of the Georgetown Public Hospital Corporation (GPHC), Mr. Michael Khan, (acting on behalf of the institution) on April 7, 2015, to function in the capacity of Director, Nursing Services. While the contract outlines that Hicks was appointed on March 16, 2015 to function in that position for a three-year period, it did not outline a probationary period.
But according to Khan because of “gross insubordination” he was forced to terminate Hicks’ service on the date that her probationary period was slated to end (June 15).
Khan in a statement to the media chronicled actions by Hicks which he insists are tantamount to “gross insubordination.”
Hicks, according to Khan, introduced a new system of relocation of nurses from one area to another. This meant that nurses from critical units such as the Accident and Emergency Department were transferred, thereby leaving behind a skeleton staff.
According to him, Hicks was verbally directed to cease such practice since the Board of GPHC had approved the creation of the said department and that all members of nursing staff within the A & E fall under the purview of the Head of Department.
“She was also advised that if she is going to rotate the staff out of a department at least she should consult with the respective Head. However, despite my instruction she went ahead with her rotations without any consultation,” said Khan in a statement. “Ms Hicks further continued to deliberately ignore my instruction, thus in May, 2015 I once again wrote her instructing that the transfer of nurses out of the department, particularly the A&E, be put on hold until a meeting is convened to discuss the matter further,” outlined the CEO. He disclosed that Hicks in a formal reply categorically stated that she would not be carrying out any such instructions.
Consequently, Khan said that he wrote to Hicks informing her that her disregard for his authority was unacceptable and viewed as an act of gross insubordination. “She was given 48 hours to show cause why disciplinary action should not be taken against her for her deliberate choice to ignore my instructions. Ms. Hicks further ignored this request which was inconsistent with regard for authority,” noted Khan. According to him, “it was decided that given her employment status of being on probationary period, her attitude was inimical to teamwork, cooperation and collaboration for the achievement of GPHC’s goals, hence, a decision was taken to bring an end to her employment at the end of her probationary period…” Khan related.
According to English, the Union has commenced representation of Hicks who has officially filed a complaint. He informed that the Union has also sent a letter to the management of the hospital requesting that the decision be rescinded. “There have been engagements with our reps there…and we strongly object to the decision that was taken,” said English.
“It is quite illogical for one to comprehend and understand how a contract that is for three years could be concluded in less than a year,” said English as he dismissed reports that Hicks’ dismissal was due to “gross insubordination.”
“Right now that could only be an allegation. The authority or the procedure to prove innocence or guilt has not been embraced and respected,” said the GPSU officer who asserted that the CEO is fully aware that there are certain industrial relation procedures that ought to be followed in terms of arriving at any conclusion. “So the claim of gross insubordination, there is no justification or evidence to substantiate that,” asserted English who is adamant that “there is nothing in Hicks’ contract to substantiate the action of the CEO.”
However, the contract outlines that “the person (Hicks) engaged undertakes that he/she will faithfully perform the duties of Director, Nursing Services, Georgetown Public Hospital Corporation for the term of his/her engagement, and will act in all respects according to the instructions and directions given to him/her by the Georgetown Public Hospital Corporation through the Chief Executive Officer or any other authorised officers.” This clause therefore suggests that failure to adhere to the instructions of the CEO constitutes a breach of the contract on Hicks’ part.
Based on the contract, “if the person (Hicks) engaged at any time during [the] tenure of this Agreement neglect or refuse for any cause (other than ill-health not caused by his/her own misconduct as provided in clause 4) become unable to perform any of his/her duties or to comply with any other, or shall disclose any information respecting the affairs of the Georgetown Public Hospital Corporation to any unauthorised person or shall in any manner misconduct himself/herself, the Georgetown Public Hospital Corporation may terminate his/her engagement forthwith and thereupon all rights and advantages reserved to him/her under this agreement shall cease.”
The Union, however, is insisting that the act of termination was unjustified. English therefore noted that the GPSU is supporting the move by nurses of the GPHC to protest Hicks’ dismissal.
The union has also lashed out at Minister of Public Health for accepting Khan’s grounds for dismissing Hicks.
It is the belief of the Minister that the termination was “blown out of proportion.”
“She was on probation at the end of which the hospital decided to terminate her service citing gross insubordination according to Mr. Khan,” said Dr. Norton who also noted, “I hope the nurses are not saying that their nurses’ licences permit them to be insubordinate.”
Based on the details presented about Hicks’ insubordination, the Minister said that he is convinced that the logical move would be for her to leave the institution as she is no longer employed there.
But according to English, “We strongly object because there are procedures to be followed…this new administration (Government) gave a commitment to respect industrial relations procedures, collective bargaining, trade unions’ rights, workers’ rights…if this is the way we are going there is much to be desired…,” said English as he expressed optimism that the Minister will give a disclaimer to his comments.
Additionally, Member of the GPHC’s Board of Directors, Dr. Dalgleish Joseph in correspondence to Khan and carbon copied to the Health Minister and other members of the Board requested a stay of Hicks’ termination and asked to “allow due process to prevail.”
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