Latest update March 25th, 2025 7:08 AM
Jun 24, 2015 News
The Guyana Public Service Union (GPSU) is pressing forward with its representation of Matron Colleen Hicks
whose service as Director of Nursing Services was last week Monday terminated by Chief Executive Officer, Mr Michael Khan.
GPSU’s Senior Industrial Relations Officer, Mr Dennis English, yesterday told this publication that while reports suggest that Hicks’ service was terminated, the GPSU does not accept this as an accurate state of affairs.
“We have evidence to show that it cannot be concluded in three months,” said English, as he revealed that based on a contract Hicks entered with the GPHC on April 7, 2015 her service cannot come to an end until 2018.
He pointed out that even if there are concerns about her conduct based on industrial practices Hicks is entitled to a hearing before any decision can be made as it relates to her service.
“We have considered all of the allegations and even if someone failed to carry out instructions you can’t be accuser and judge. Those draconian measures don’t work anymore; people have rights. Even if a person commits murder that person has a right to a hearing, and it is the same doctrine of equity that exists in this case,” said English of Hicks’ case.
Khan had detailed a series of actions carried out by Hicks which were tantamount to “gross insubordination” which he claimed was grounds for the termination of her service when her probation period matured on June 15, 2015.
While a copy of the employment contract Hicks signed with the GPHC does not outline that she could be terminated during her probationary period, an addendum to the very employment contract, seen by this publication, dated May 7, 2015, and signed by both parties, states that “the person engaged shall be required to serve a probation period of no less than three months or a maximum of six months.”
Although the addendum was not seen by the GPSU, which was adamant that Hicks had no probationary period, English yesterday noted that that “we have a procedure that cannot be curtailed or breached. She has the right to a hearing…Even if someone breaches the fundamental aspect of things you don’t arbitrarily make a decision; you can’t be guided by malice.”
According to him, although the GPSU in a correspondence to the CEO demanded the immediate withdrawal of Hicks’ termination “we are watching and waiting. We are not an uncaring group of people. We are allowing them to do what needs to be done…we are patient.”
This is light of the fact, English noted, that there have been discussions with the Minister of Health, Dr George Norton, and Permanent Secretary, Mr Leslie Cadogan.
“We know what directions were given and we hope that good sense will prevail,” said English, as he pointed out that “we have shown where the CEO has given information that is not accurate…we are guided by our evidence.”
The Senior Industrial Relations Officer pointed out, too, that the CEO is well aware of the procedure that must be followed, even as he emphasised that if there is a change of policy at the hospital it must be agreed upon together with the Union.
“They can’t arbitrarily change policies,” said English, as he made reference to reports that the CEO is seeking legal advice on the way forward with the matter.
“He is entitled to whatever legal advice he wants, but that doesn’t change the procedure; that is not necessarily the law but an opinion,” said English. “We are maintaining our position and are prepared to intensify our position if the need arises.”
According to English, the CEO has in the past sought to take actions that were not in accordance with stipulated policies and “we had them corrected then because of our intervention; he has done this before and he is doing it again.”
But should the GPSU’s recommendation not be adhered to, English warned that already “we a have started to put measures in place that will have far-reaching effects if implemented.”
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