Closure of Wales Sugar Estate...Injunction remains in effect as Judge orders further consultations

Closure of Wales Sugar Estate…Injunction remains in effect as Judge orders further consultations

Aug 31, 2016 News

Justice Brassington Reynolds has ordered that an injunction restraining GuySuCo from making the workers of Wales Estate redundant, be in effect until the Corporation continues consultations with the unions involved, in accordance with Section 12 of the Termination of Employment and Severance Pay Act, Chapter 96:01.
The order was granted after the Judge heard legal arguments by Attorney–at–Law Anil Nandlall for the Guyana Agricultural and General Workers’ Union (GAWU) and the National Association of Agricultural, Commercial and Industrial Employees (NAACIE) and Attorney–at–law, Nikhil Ramkarran for GuySuCo.
Earlier this year, GuySuCo had moved to close the Wales Estate due to nonperformance, but the unions have been adamant that the estate should not be closed, especially without proper consultation with them.
GAWU and NAACIE secured an order from the Full Court against GuySuCo to bring a halt to the sending home and reassignment of more than 100 workers.
The injunction was granted on May 6, 2016 by Justices William Ramlal and Diana Insanally.
In the affidavit in support of the motion, the unions outlined that they met with GuySuCo on January 20, last, 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.
However the corporation, in a subsequent statement to the press explained that it is yet to receive any communiqué regarding the court proceedings.
“As of to date, May 9, 2016, the corporation has not been served with any legal documents that were before the Court, or the Order that was granted by the Judges.”
The corporation had also contended that meetings were held with the Unions and based on their request, specific information relevant to the Termination of Employment and Severance Pay Act (TESPA) was sent to the Unions in various correspondences.”
But the unions had maintained 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 Trades Unions are excluded from this process, the workers are not receiving the best available option, terms and conditions.”
At the court hearing on Monday it was noted that despite the grant of this injunction, GuySuCo had refused to meet with the Unions and has been using the injunction to withhold redundancy payments to the workers.
Justice Reynolds directed the Unions and GuySuCo to continue the process of consultation which commenced on the 8th of January, 2016, and for GuySuCo to submit to the Unions the processing and payment data in respect of the employees who are to be rendered redundant which are to be examined by the Unions and discussed by both the Unions and the corporation.
The matter was adjourned to September 14, at 13:30 hours for a report on compliance with the said Order.

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Closure of Wales Sugar Estate…Injunction remains in effect as Judge orders further consultations

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