GuySuCo withdraws Wales canecutters’ severance pay appeal to avoid dismissal

Feb 18, 2020 News

On Friday February 14, 2020, the state-owned Guyana Sugar Corporation (GuySuCo) withdrew an appeal filed by the Corporation against a decision by Chief Justice (a.g.) Roxanne George-Wilshire.
In November 2019, the Chief Justice approved a Garnishment Order compelling the sugar company’s bankers – Demerara Bank Limited – to turnover to the union the sum of approximately $7.5M plus interest.
The sum represented outstanding severance payments owed to 107 cane cutters of Wales Estate.
In December, 2018, the High Court, among other things, ordered the sugar company to pay the cane cutters of Wales Estate who took up work at Uitvlugt Estate one month’s pay as notice pay. The company, however, refused to abide by this aspect of the order causing the union to approach the Courts to secure the outstanding sum.
Having considered submissions and arguments from attorneys representing the union and the Corporation, Justice George subsequently approved the order sought.
Following the decision of the Chief Justice, the corporation appealed the matter to the Full Court of the High Court.
Notwithstanding the appeal, there was no stay of execution sought by the Corporation and thus the union, through its Attorneys-at-Law Devindra Kissoon and Natasha Vieira of London House Chambers, had the order enforced and in late December 2019, the union received from Demerara Bank the sum approved by the Court.
When the matter came up for hearing in January, this year, the High Court referred the matter to Justice Sandil Kissoon who had granted the order for severance in the first place.
At a hearing last Friday, Justice Kissoon informed that the Order was enforced and that the matter was now moot, resulting in the appeal being withdrawn.
According to the Guyana Agricultural and General Workers Union (GAWU), while there is hope that this is the end of the matter, the union remains somewhat uncertain.
“Our union had felt we put this matter to bed since the judgment in December 2018. This, however, turned out not to be the case and more than a year later, we are still addressing justice for the workers. Of course, as we have maintained, such a matter ought not to have engaged the Judiciary in the first place given the clarity of the law. Yet, the Court has repeatedly ruled that GuySuCo violated the law and we see this struggle ongoing now more than three years after the workers lost their jobs following the heartless closure of Wales Estate.”

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GuySuCo withdraws Wales canecutters’ severance pay appeal to avoid dismissal

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