…as Appeal Court adjourns case until January 2018
Following the High Court denial of its application to quash the decision to shut down the Rose Hall and East Demerara Estates and the subsequent adjournment of its appeal, the Guyana Agricultural and General Workers Union (GAWU) has now moved to the Caribbean Court of Justice to have a hearing.
GAWU President, Komal Chand, told a press conference that the Court of Appeal on Thursday adjourned the appeal hearing filed by GAWU and the National Association of Agricultural, Commercial and Industrial Employees (NAACIE) until January 15, 2018.
The two unions were appealing the decision by acting Chief Justice Roxanne George Wilshire when she denied their application to halt the closure of the East Demerara and Rose Hall Sugar factories.
Chand noted that lawyers representing the unions have approached the CCJ to have the matter heard, since it is one that is based on time.
“We are reliably informed that the CCJ will immediately organise a panel of judges to hear the arguments of NAACIE and GAWU, through our lawyers, why this must be granted. We are now waiting what will be the position of the CCJ; whether they will direct the Court here to listen to this matter, since it is important and timely as you rightly pointed out. If the closure takes place and the matter is heard afterwards, then it might not be a fruitful exercise,” Chand said.
Chand said the unions are hopeful that the CCJ gets down to business by the end of Friday (December 29), so that the issue could be addressed, since the estates are expected to be closed by December 31.
The two Unions appealed Chief Justice (ag) Roxanne George-Wiltshire’s November 10, 2017 denial of their application to quash GuySuCo and Cabinet’s decision to close the East Demerara and Rose Hall Estates. They are contending that the closure decisions were improper, and there were insufficient consultations between the Government and GuySuCo, and the GAWU and NAACIE.
He added that this case points out to the Court that consultations between the Unions, the Opposition and the Government regarding the future of the sugar industry cannot be deemed as acceptable. He noted that just about four hours in total were spent on the three occasions the parties met.
“Our Unions pointed out that the Sugar CoI spent hundreds of man hours, and, at the end of that process, recommended that closure should not be pursued. We further pointed out that the closure decision clearly was not informed by the full consideration of all the factors which we have pointed out, especially that a socio-economic study was not pursued, though it was necessary,” General Secretary Seepaul Narine said.
“Furthermore, we argued that the closure decision did not follow the clearly set out procedure contained in the Trade Union Recognition Act and the Termination of Employment and Severance Pay Act. Our Unions are seeking that the Government and GuySuCo engage in a proper and full consultation, as we hold that such an exercise will result in a different decision being taken,” he added.
GAWU said the unions believe their appeal has great merit and substance, and that the learned Chief Justice had erred in her determination to deny their application.
In what is described as the largest retrenchment by a private or public corporation in recent history, GuySuCo is expected to send home an estimated 4,000 workers by the end of the year as part of plans to restructure the sugar industry.
At the end of 2017, estates at Rose Hall, Skeldon, Wales and Enmore would cease operations, and only three would be kept in operation – at Albion in East Berbice, Blairmont in West Berbice, and Uitvlugt on the West Coast of Demerara.
