NICIL’s takeover of sugar estates raises uncertainty for unions

The recent takeover of the divested sugar estates by the State-owned National Industrial and Commercial Investments Limited (NICIL) has caused some uncertainty in light of the numerous legal disputes to which the Guyana Sugar Corporation (GuySuCo) is party.
This was related by Guyana Agricultural and General Workers Union (GAWU) President Komal Chand, who told Guyana Times that many issues involving the rights of workers remain unresolved.

“What is clear is that they (NICIL) won’t take over GuySuCo’s debt, but there are workers’ issues which are pending; who will have them addressed and resolved?” Chand questioned.
“We have issues like the wages issues; the Annual Production Incentive which we are still discussing which is gone to the Ministry of Labour for conciliation. We have to get clarification for all of this,” Chand further queried.
He further observed that GAWU is embarking upon consultations with its legal team to determine the legal ramifications of last December’s takeover.
“We have to check the Gazette to see what they have available to see what they took over and what they didn’t take over,” GAWU’s longtime President stressed.
Under the Public Corporations Act, Chapter 19:05, Finance Minister Winston Jordan made an order on December 29, 2017 for NICIL to take over the assets of three estates, namely Skeldon, East Demerara and Wales. The order gave NICIL authority over “all the moveable and immovable property owned, used, leased or licensed by GuySuCo or the State, save and except for Albion Estate, Blairmont Estate, and Uitvlugt Estate”.

A section of the Finance Minister’s order, however, stipulated that the transfer from GuySuCo to NICIL is “absolutely free and clear from all claims and liabilities”. This stipulation has left the workers’ representative bodies with questions that the organisations preferred answered.
Before the recent takeover, the two unions – GAWU and NAACIE (National Association of Agricultural, Commercial and Industrial Employees) had appealed acting Chief Justice Roxane George’s November 10, 2017 denial of their application to quash the GuySuCo and Cabinet decision to close the East Demerara and Rose Hall Estates. The organisations contended that the closure decisions were improper and there were insufficient consultations among the Government and GuySuCo, and GAWU and NAACIE.
The union bodies went as far as the Caribbean Court of Justice (CCJ) to have the matter called up at the Appeal Court before December 31, but the CCJ denied this request, contending that the unions must exhaust all local avenues before taking the case there. Chand later vowed that GAWU would petition the local courts to ensure that workers receive adequate compensation for their loss of employment and lack of benefits.
Another case before the court relates to the non-payment of severance to 375 workers who refused to take up employment at Uitvlugt, West Coast Demerara, and remain without their benefits. The matter was taken by GAWU to the High Court in March 2017, but after nearly one year, Guyana Times reported that the matter was likely to come up before a judge by March or early April in 2018.
Meanwhile, as the many battles continue between the union bodies and various State entities, many retrenched workers say that they are finding much difficulty in garnering consistent employment which is affecting their ability to provide for themselves and their families. The Wales Sugar Estate was closed in December 2016 while almost 4000 Rose Hall, Skeldon and East Demerara Estates’ employees were similarly let go by December 29, 2017.