Latest update January 6th, 2025 4:00 AM
Lawyers want High Court to halt retrenchment of sugar workers
The Guyana Agricultural and General Workers’ Union (GAWU) and National Association of Agricultural Commercial and Industrial Employees, (NAACIE) yesterday secured an order from the Full Court of the Georgetown Supreme Court
GAWU‘s General Secretary Seepaul Narine
against Guyana Sugar Corporation, (GuySuCo) to bring a halt to the sending home and reassignment of more than 100 workers of the Wales Estate.
The applications were filed on April 11, last, on behalf of Seepaul Narine, General Secretary of GAWU, and Kenneth Joseph, General Secretary of NAACIE.
The parties, through their attorneys, Anil Nandlall, Euclin Gomes, Sase Gunraj, Manoj Narayan and Sasha Mahadeo, are also seeking damages of more than $1 million for breach of statutory duty under the Termination of Employment and Severance Pay Act, Cap.99:08, Laws of Guyana.
The interim order was granted by Justice William Ramlall and Justice Diana Insanally.
The judges outlined that if the respondent/defendant, by your officers, servants and/or agents, neglect to obey the order they will be liable to process of execution for the purpose of compelling them to obey.
In the Affidavit in support of the motion, the Unions outlined that they met with Guysuco on January 20, 2016, at La Bonne Intention Estate, East Coast Demerara, where they were informed of among other things, the Corporation’s decision to close the operations at Wales Estate, WBD.
The Unions said that Guysuco later informed them that in due course a new venture will be established at the Wales Estate in lieu of sugar cultivation and production; the names of the workers of the Wales Estate, who will be re-deployed to Uitvlugt Estate, West Coast Demerara; and the names of those who shall be rendered unnecessary.
According to the document, by March 22, 2016, the Chief Industrial Relations Manager of GuySuCo sent letters informing GAWU of the names of the employees, who have opted for unemployment in accordance with the provisions of the Termination of Employment and Severance Pay Act 1997.
General Secretary of NAACIE Kenneth Joseph
NAACIE, however had not received any such or similar correspondence.
On April 6, 2016, the Unions in an effort to stop GuySuCo filed an Ex-Parte application via an affidavit for interim injunction. The application was heard by the Madam Justice Roxanne George April, 6 2016, but she refused the application on the ground that it did not disclose any urgency.
But the Unions are maintaining that the course of conduct embarked upon by the respondent is in flagrant violation and contravention of section 12 (3) (b) of the Termination of the Employment and Severance Pay Act Cap. 99:08 which mandates the respondent (GuySuCo) to consult with the union before any such or similar decision can be lawfully made.
The Unions are contending that, “When the trade unions are excluded from this process, the workers are not receiving the best available option, terms and conditions.”
“Unless restrained by this Honourable Court, the respondent will continue to treat with the workers without any consultation whatsoever with their Trade Union.”
The applicants have noted that the right of trade unions to participate in and be part of negotiations involving employee and employer is a sacred and sacrosanct right fought for and won by workers after centuries of struggle.
“We verily believe that the Respondent is deliberately excluding us from negotiations so that they can exploit and manipulate the workers.”
As such, the Unions are seeking a declaration that the decision of GuySuCo to sever the employment of workers of the Wales Estate, and rendering them redundant without consultation with the Plaintiffs, is unlawful, illegal, in contravention of the Termination of Employment and Severance Pay Act, , is null, void and of no effect.
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