There is the urgent need for an Industrial Court

Sep 20, 2016 Letters

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Dear Editor,
Due to the number of unsolved and unsettled cases, lack of enforcement of existing labour laws, failure of Guyana signing on to more international labour laws and International Labour Organization (ILO) and International Maritime Organization labour conventions/laws and lack of addressing ongoing grievances and general work related issues affecting the working class, the People United and General Workers Union (PU&GWU) strongly believes that the way to address these matters and to establish a strong effective and improved labour sector in Guyana, and also to address workers, their trade unions, and their general grievances in a timely manner thus, the Government of Guyana needs to urgently establish an Industrial Court.
The Union is calling on the APNU+AFC Government and the opposition PPP/C Party to collectively support the Union’s call for the urgent establishment of an Industrial Court since both parties when in power and on their past general and regional election campaign trails as well as on labour day rallies and marchs, have promised the working class and their trade unions a good and strong labour sector etc.
The Union will be dispatching a letter to both the APNU+AFC Government, and opposition PPP/C Party requesting both parties to move the National Assembly for Parliament to establish an Industrial Court with the status of the High Court to hear and determine disputes relating to employment and labour relations.
Should the PPP/C party fail to jointly support the Union’s request, the APNU+AFC Government has the majority seats in the National Assembly of Guyana so they can independently craft, table and pass the relevant bill/law that provides for the establishment of the Industrial Court.
Presently matters that relate to wrongful termination or dismissal etc, without the relevant payment that the affected worker is entitled to, the Ministry of Social Protection’s Labour Department takes some of these to court for judgment and award, but the Guyana Fines Act and Labour Act, states that the maximum a Magistrates Court can award is $100,000 to an employee. So for those matters that the award will be over one hundred thousand, the affected employee has to head to the High Court to have said matter addressed. But on many occasions a number of the affected employees cannot afford to pay a lawyer to represent them in these cases, which leads to the matters remaining unresolved and the said employees facing injustice.
The role of the Industrial Court also includes facilitation of social dialogue. Social dialogue includes all types of negotiation, consultation, exchange of information and collective bargaining. The Industrial Court facilitates social dialogue by defining and adjudicating the rights and obligations of the tripartite players – governments, employers, and employees; because of the entry of other players who are not traditionally associated with the tripartite in the world of employment and labour such as NGOs, the role of the Industrial Court can expand to cater for the new players. The practice of labour laws should no longer be restricted to trade unions and employer groups.
Due to the changing nature of the labour markets, the role of the Industrial Court can drastically transform its traditional role of an Industrial Court as an Institution of Social Justice which is to avail quick, uncomplicated and inexpensive justice to workers. The procedures of trade dispute resolution have always been crafted to enable the workers, deemed not to have the same bargaining strength with their employers, to access quick, affordable, and effective remedies.
The shift of the court into the Judiciary from the Ministry of Labour can result in a perception by trade unions that workers will no longer have easy access to industrial justice. This could be a misperception because the new laws should/will have strong provisions empowering workers, and enhance rather that limit access to all forms of justice. We should not, however, disregard the apprehension.
The challenge in restructuring the Court is how to accommodate the concerns of the trade unions and employers that we are throwing away the dispute resolution mechanism they created, to suit their unique relations without adequately consulting them. The ministry cannot enforce laws but when employers refuse to abide by the legitimate request or recommendations the ministry can take the matter to the Industrial Court for judgment and enforcement etc. which means the ministry will be able to conduct its functions more effectively and may no longer be blamed or accused of pussyfooting or delay tactics as they relate to addressing labour matters in a timely manner etc.
The Union suggested that the Industrial Court is likely to have a higher number of disputes. Not all these disputes will call for a legal solution. The Court will have a role in shifting disputes that call for judicial settlement, from those that are suited to The Industrial Court.
Micah Williams
General Secretary
The People United and General Workers Union

Editor’s note; because of length, this letter will continue in a forthcoming edition

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