Jagdeo defends Govt. withholding Linden nurses pay

Jan 19, 2024 Court Stories, Features / Columnists, News

The nurses on strike in Linden

Kaieteur News – Vice President Bharrat Jagdeo has justified the Government’s right to appeal a High Court order which declared that deductions made from the salary of nurses at Linden, who were part of a strike action back in 2021 were unlawful.

At his press conference on Thursday, the VP explained that the appeal is due to the fact that the issue at hand is a disciplinary action meted out by the Ministry of Labour.

Jagdeo explained, “During the COVID period a number of nurses were disciplined for various offences. The disciplinary measure could take several forms, termination, and suspension or as the Labour Ministry advise deductions. The [Ministry] lawfully choose that route of deductions when they nurse would be absent and the court ruled in favour of the nurses.”

He continued, “However, there is an industrial principle at stake here, and if we allow them to succeed, then the Ministry would not be able to utilize this tool, which is often used in the collective bargaining process to discipline staff… There a bigger issue at stake for industrial action and that is why the appeal is necessary,”

A High Court ruling last November declared that deductions made from the salary of nurses at Linden, who were part of a strike action back in 2021 were unlawful.

The Guyana Public Service Union (GPSU) has tried, but was unsuccessful in its attempt to enforce the court order, that the nurses be repaid.

According to a press release dated January 11th, 2024 from the Union which represents the nurses, it wrote the Permanent Secretary (PS) of the Ministry of Health the day before, advising of the order made by the court on November 2nd last for the repayments to have been made no later than December 31st, 2023.

The Union had by then already written a previous letter to the PS dated December 28th, 2023, urging compliance.

The GPSU said that in response to its latest letter, however, the PS sought to advice that the Attorney General (AG) had filed a notice of appeal and was also in the process of filing a notice of application for a stay of proceedings.

Against this background, the PS, the Union said, sought to further advice that based on instructions coming from the Chambers of the Attorney General, no repayments would be forthcoming at this time.

According to a copy of the letter signed by PS Malcom Watkins which was seen by this newspaper, it advises, “I wish to inform you that I am aware of the order of the court, however, I was advised, and I verily believe that the Attorney General of Guyana has filed a notice of appeal and is preparing to file a notice of application for stay of proceedings.”

“In this regard, I await further instructions on the matter,” the letter went on to state; before ending with, “should you have any questions/queries, please direct same to the Attorney General.”

Back in March of 2021, nurses at the Linden Hospital Complex (LHC) were engaged in protest action, as they called for the removal of Chief Executive Officer, Rudolph Small.

Small had made disparaging statements about nurses when he stated that they (the nurses) would clock in at the LHC and then leave for extra-marital rendezvous.