GAWU mulls taking GuySuCo to Court

Payout for dismissed workers…

…over part-payment of severance

By Michael Younge

The Guyana Agricultural and General Workers Union (GAWU) is mulling taking the Guyana Sugar Corporation (GuySuCo) to court over its decision to pay thousands of dismissed and retrenched sugar workers part, and not all, of their severance purportedly this month end.
GAW President, Komal Chand, speaking with the Guyana Times on Sunday during an exclusive interview, said he has already prepared a brief for the case, and is in the process of recruiting an attorney-at-law who is familiar with industrial relations law to handle the matter.

Chand said there was no need for union members and executives to vote on whether to haul the Corporation before the courts on this particular matter, as the union’s rules and regulations are clear in this respect.
“We don’t need to vote on this…I have already prepared the brief, and tomorrow I will be looking to get a good lawyer to handle the matter”, he iterated.
Chand said GAWU is obligated to do all that is necessary to protect the workers’ interest and rights, as outlined in the union’s laws and the country’s national industrial relations laws.
“I am convinced that this Government and GuySuCo are disrespecting these workers and breaching the laws when you look at how they are going about paying them their severance,” Chand remarked.
He said workers were expecting, and should have been paid, their full severance at the time their services were discontinued, terminated, or made redundant.
He denied that GAWU or any of representatives were part of discussions with Government or GuySuCo ahead of the announcement by President David Granger that the workers were going to be paid part of their severance this month-end and the other part in the second half of 2018.
“That is a total lie and the figment of somebody’s imagination,” he rebuffed, as he explained that if the union were part of any discussions in this respect, it would be displaying double-standards and hypocrisy whenever it called for protests and the payment of the full severance.
Asked whether GAWU or the Federation of Independent Trade Unions of Guyana (FITUG) had met with Government or GuySuCo since the workers were made redundant or dismissed at the beginning of the year, Chand responded in the negative. He said the union has already indicated its willingness to have dialogue with the Government and GuySuCo, but neither party has responded formally by moving forward or setting a date for discussion.
“We expect to meet with them very soon, as we have a number of important matters to discuss and address,” Chand disclosed, before explaining that the union was occupied with addressing the plight of the workers and their communities, caused by the sudden dismissal of thousands of persons.
Chand also dismissed assertions that the union was more concerned about its loss of revenue and membership because of the dismissal, as opposed to the welfare of the workers and the future of the industry.
“That’s another falsity and fabrication. We would not consider taking this matter to court if that were the case. We have always had our workers’ and union members’ interest at heart. Those who published that article had wicked intentions…,” he related.
The GAWU Head said, too, that the figures quoted are misleading, as he explained in detail under what circumstances monies are deducted from workers as dues, and when they stop paying.
Asked if the dismissals could cripple the union and drastically affect its membership, Chand conceded that it would have a negative impact, but denied that that impact could “cripple” GAWU or FITUG.
He insisted that the Government has to be taught a lesson because it was violating the workers’ rights by embarking on a number of decisions and initiatives that would not result in the industry’s fortunes being turned around.
“We will take appropriate actions in the courts if GuySuCo and the Government do not change their course and deal fairly with those persons dismissed,” Chand declared.
Questioned whether the protest actions would continue ahead of the planned legal action, Chand said the union was working with the workers and those affected.

“There are a number of activities planned, and we are monitoring the situation. We will continue to stand in solidarity with our workers, because we understand their plight and the hardship that they are facing…,” the GAWU President related.
He maintained that the Government had no plan following the rash and brutish decision to downsize the industry, as he reiterated his call for the workers to be paid their full severance immediately.
Chand’s comments come on the heels of statements made by State Minister Joseph Harmon on Friday — that no worker would be receiving a million-dollar payout. He made it clear that severance would be paid on a case-by-case basis after a careful analysis was done.
Harmon denied that Government made no budgetary allocations to meet the severance bill in the 2018 budget, and said over $500 million had been budgeted, even though the correct and final sum was not known until late December and early January.
His own statement contradicts comments made by President David Granger at his last press conference, where he related that discussions on the payment of severance were not finalised as he gave a commitment to ensure that the workers are paid.
Also, the Union last week exposed what it said was a systematic plot by the Department of Public Information to spread misinformation about the retrenched workers when it released a statement where it quoted Agriculture Minister Noel Holder saying that the Government acted responsibly because some 5,000 jobs were saved as those employees were transferred or reemployed in the public service.
GAWU has rejected the Minister’s statement, dubbing them “lies” as it explained that no assimilation plan was in place when the workers were dismissed, while it lambasted the Government for attempting to deceive the public.