High Court dismisses injunction blocking GPSU elections

Less than a week after a Branch Chairman of the Guyana Public Service Union (GPSU) secured an interim injunction blocking it from holding executive elections until an audit of monies utilised by the Union for the past 12 years was conducted, a High Court decision on Tuesday saw the matter being dismissed.

The interim injunction was granted by Justice Nareshwar Harnanan on Thursday. The injunction sought to restrain the respondents or their servants or agents “from holding or attempting to hold an election for office bearers for the Executive Council of the Guyana Public Service Union until the 3rd day of May, 2017 or sooner on the production by the respondents of the Auditor General’s report to the applicant and members of the Guyana Public Service Union and the audited treasurer’s report for the Guyana Public Service Union for the past 12 years to date.”

The application was made by Attorney-at-Law Nigel Hughes on behalf of Gregory Gaspar, who is the Chairman of GPSU’s Branch 72.

However, a statement from the GPSU on Tuesday said that the “application by Mr Gregory Gaspar of the Guyana Geology & Mines Commission has been discharged today, Tuesday 25th April, 2017”.

The statement continued that after hearing submissions by the Union’s Attorney-at-Law, Roysdale Forde and relying on evidence adduced by the Union, the Judge found that the allegations by Gaspar of the Union’s non-compliance with its rules and its obligations under the Trade Unions Act were erroneous and misconceived.

The GPSU Attorney-at-Law’s submissions included evidence of Annual Returns to the Registrar of Trade Unions which had Income and Expenditure Statements and Balance Sheets for the entire period up to December 31, 2016. Also presented was a statement from the Auditor General confirming the audit of the Union’s accounts up to 2005 and Income and that Expenditure Statements and Balance Sheets up to December 31, 2016 were in his possession.

According to the GPSU, both Gaspar and his “instigator”, Jermain Hermanstyne were fully aware of these facts, but deliberately set out to publicly misrepresent them for “personal and petty reasons”.

The Union went on to point out that the duo also advocated that their backward views should supersede rights of members in accordance with the rules of the Union.

“Investigations would reveal that both Mr Gaspar and Mr Hermanstyne were amongst the poorest performers and achievers as members in the Guyana Public Service Union,” the release from the GPSU outlined.

It was also indicated that the Elections Officer has been advised that the Union was now free to proceed with the elections.

The Elections Officer and supporting personnel are working assiduously to hold the elections on Thursday, April 27, 2017. The General Secretary has issued a circular calling on all members notwithstanding the obvious inconvenience caused to make every effort to discharge their civic responsibilities towards the Union and meaningfully participate in the upcoming elections.

Over the past weeks, a rift developed between the current Executive of the GPSU and certain branches of the Union over various issues, including President Patrick Yarde’s longstanding appointment to the post and his inability to “effectively” represent Union members, as well as issues relating to transparency and accountable.

Yarde has been serving at the helm of the Union for over 30 years after consistently being re-elected to the post. However, some members are of the view that he is illegally in the position and is “holding a leash” to the post. To this end, a protest was held by several members calling for his resignation. Moreover, front runners of the protest against Yarde, Hermanstyne and Karen Vansluytman had stated that the GPSU President had adopted certain “intimidation tactics” against members who protested against him.