High Court dismisses GTUC’s “frivolous” application for Police Officers to join trade unions

High Court Judge Justice Gino Persaud, on Friday, dismissed the Guyana Trades Union Congress’ application which requested the Court to declare s. 46 of the Police Act, Cap. 16:01, and s. 2(2) of the Trade Union Recognition Act, Cap. 98:07, unconstitutional.
The applicant argued that these provisions, which prohibit members of the Guyana Police Force (GPF) from associating with and belonging to a trade union, violate their fundamental rights guaranteed by Article 147(1) of the Constitution. Article 147(1) guarantees every citizen the right to freedom of assembly and association and to form or belong to trade unions or other organisations for the protection of their interests.
Justice Persaud agreed with the Attorney General’s submissions, ruling that these restrictions, provided for by Article 147(4)(a) of the Constitution, are lawful and constitutional. He held that limitations on the fundamental rights of Police officers to associate with and to belong to a trade union are justified, as they are necessary for defence, public safety and public order.
In his ruling, the Judge stated, “In the present proceedings, the State has convincingly demonstrated that permitting officers to engage in industrial action or labour dispute would form a grave and tangible threat that would affect the effective functioning of the apparatus and machinery of the State […] a prohibition is not only reasonable but necessary in a democratic society for the preservation of public order, national defence and public safety. The State’s submissions underscore that Police officers occupy a critical and non-substitutable role of upholding the rule of law, protecting life and property and maintaining societal stability. Their participation in industrial actions could severely undermine public confidence, disrupt essential services and endanger the very fabric of our constitutional democracy.”
The Judge also noted that Police officers’ fundamental rights to associate with and belong to trade unions are not circumvented since, under s. 43 of the Police Act, members of the force have access to benefits and representation through the Police Association, which performs functions similar to those of a trade union.
Additionally, the applicant sought a declaration that the state had failed to pay salaries, benefits and other emoluments to certain officers of the GPF who were allegedly promoted on June 28, 2021. However, the applicant failed to establish that any such promotion was effected on that date. The applicant further failed to produce any evidence demonstrating its legal authority to act on behalf of those officers.