Home Letters Is GECOM in gross dereliction of duty for not taking disciplinary action?
Guyana’s labour laws provide for summary dismissal from employment by the employer for good and sufficient cause relating to an employee’s conduct and performance on the job.
Under Section 7 of the Termination of Employment and Severance Pay Act, a contract of employment, without term limit, may at any time be terminated:
– by mutual consent of the parties;
– by notice to the other party; or
– by either party for good and sufficient cause
Good and sufficient cause include refusal to carry out lawful instructions on a timely basis, providing fictitious and fraudulent information and reports to the employing authority, misconduct, inefficiency, dilatory tactics, insubordination, and unprofessional conduct and behaviour in the execution of contractual and statutory duties.
Why is there apparent inaction and paralysis or hesitation by GECOM in relation to the conduct and performance of the senior staff of GECOM and other recalcitrant and complicit staff of the Secretariat in the March 2, 2020 National Elections? Why was there no prompt disciplinary action taken by GECOM to replace these obvious recalcitrant public employees who are public servants, paid by taxpayers?
Those GECOM employees who breached the Constitution and any election law, in the conduct of their duties must face prompt disciplinary action including termination and dismissal for good and sufficient cause. GECOM’s failure or delay or awaiting the outcome of court cases in a gross dereliction of duty.
Court matters, whether criminal or civil, are separate and apart from employment disciplinary actions. Those who breached the law or commit any offence must be prosecuted in the courts, and bear the full force of the law. This is separate and apart from any employment disciplinary action taken for good and sufficient cause.
Time for action now GECOM! Do not hide behind the outcome of court cases. GECOM must take disciplinary action without delay as an employer.