After finally showing up at the High Court to defend itself over non-consultations with unions on the employment status of sugar workers attached to the Wales Estate, the Guyana Sugar Corporation (GuySuCo)
GAWU General Secretary Seepaul Narine and NAACIE General Secretary Kenneth Joseph speaking to the media
has asked for time to respond to the litigation.
Justice Roxanne George on Tuesday granted the Sugar Corporation the requested time to respond to the legal action brought by the Guyana Agricultural and General Workers Union (GAWU) and the National Association of Agricultural, Commercial and Industrial Employees (NAACIE) on the severance and redeployment of Wales Estate workers.
This follows an interim injunction which barred GuySuCo, its servants and/or agents from proceeding to sever the employment of the sugar workers from the Estate, unless consultations with the workers were held.
During Tuesday’s proceedings, GuySuCo claimed that it was not served notice of the legal action and as such, was not ready to answer to the litigation. Justice George obliged and the sugar entity was given until Friday to prepare and submit a response to the legal action.
Speaking with the media after the hearing, officials from GAWU and NAACIE – Seepaul Narine and Kenneth Joseph – both observed that GuySuCo had an obligation to honour the requisite laws regarding the employment of workers.
Narine, GAWU’s General Secretary, stated that in keeping with the Termination of Employment and Severance Pay Act, Chapter 99:08, GuySuCo has to meet with the unions for consultations before any worker could be made redundant. “[GuySuCo] ought to comply with the law and that is what the court order has directed them to do,” Narine noted.
Joseph, NAACIE’s General Secretary, expressed that there were laws which workers had to follow, so the Sugar Corporation should follow suit.
“GuySuCo needs to understand that they are not lord-it-all…GuySuCo is breaching the laws; this is what has been going on between the union and the company for a very long time and I think with the new CEO, we will have to struggle a bit harder,” Joseph pointed out.
Meanwhile, the unions’ Attorney, Anil Nandlall said he found it quite strange that the Sugar Corporation at this stage would claim that it had not received notice of the court action. Nandlall deemed this action as “delaying tactics”.
The case will continue in the High Court on June 28.
When the matter was heard on May 24, GuySuCo’s lawyers were absent which forced the case to be rescheduled to June 7. In the meantime, 99 of 105 sugar workers who were promised severance on May 4 remain without employment from the Estate. This continues even though the workers were given letters on March 22 stating that they would be paid termination benefits.
GuySuCo maintains that the injunction barred the payments to workers. GAWU has, however, pointed out that the agreement between the workers and GuySuCo was reached before the May 6 injunction was granted.
The court action was brought after GuySuCo began discussions with individual employees of the Wales Estate to negotiate severance packages without informing or involving the unions. At one point, workers were given a three-day ultimatum to make their decision on accepting severance or being redeployed, but GuySuCo shelved these plans after the media was informed.
GAWU and NAACIE are also seeking damages in excess of $1 million for breach of statutory duty owing under the Termination of Employment and Severance Pay Act.
