Union to file an action at CCJ over lack of consultations

Closures of Rose Hall, East Demerara estates

As possible legal action hovers over Government’s half-payment to several categories of sugar workers earlier this year, separate action by the workers’ representative body, the Guyana Agricultural and General Workers Union (GAWU) is likely to be filed in the Caribbean Court of Justice (CCJ) regarding the “lack of consultations” before workers of the Rose Hall and East Demerara estates were terminated. A senior GAWU official indicated on Sunday that the Union’s legal team is in the process of filing action to take the case to the CCJ after the Court of Appeal upheld the decision made in the High Court.
“Our lawyers in November were trying to stay the closure of estates – Rose Hall and East Demerara – as our lawyers were arguing that there was not consultation with the Union as is required [in that] the proposals and ideas of the Union were not taken into account,” the official pointed out.
Acting Chief Justice Roxane George on November 10, 2017, had ruled against an application by GAWU and the National Association of Agricultural, Commercial and Industrial Employees (NAACIE) to quash Government’s move to close the East Demerara and Rose Hall Estates. Guyana Times was told that Justice George was of the view that there were no grounds for granting a stay because there was consultation. As such, the Union filed action in the Appeal Court but this publication was told that the Appeal Court recently upheld the Chief Justice’s decision which has prompted GAWU to take the matter to the highest court in the Caribbean.
This latest action by GAWU comes against the backdrop of the CCJ having denied its efforts in December 2017 to have the local Court of Appeal “urgently” adjudicate its application to prevent the closure of the two sugar estate. The CCJ indicated to GAWU then that it must exhaust all local avenues before it can bring a matter at that level.
Union leaders had contended that the acting Chief Justice “erred” in denying the application. Nevertheless, Government went through with plans to close the said estates, which led to the dismissals of over 3000 workers which affected many families and the local business economies. It was in May 2017 that Government announced plans to close the Enmore and Rose Hall Sugar Estates, sell the Skeldon Sugar Factory, reduce the annual production of sugar, and take on the responsibility of managing the drainage and irrigation services offered by the Guyana Sugar Corporation (GuySuCo). However, the Special Purposes Unit (SPU) which was mandated to handle the divestment of the closed estates noted that East Demerara and Skeldon will be temporarily re-opened to attract private investors.
International accounting firm PricewaterhouseCoopers, was recruited by Government to evaluate GuySuCo’s assets for privatisation and divestment. The firm commenced its works in January 2018. The Private Sector, civil society and other interest groups have long decried the closures of estates, with many saying that the country’s overall economy and the village economies declined, putting social strain on families. It was also noted that in many instances, multiple members of the same household, including some husbands and wives, were employed within the sugar industry.
Another Estate, Wales, was closed in December 2016 as this saw over 1000 workers being displaced. To date, many workers are still to receive their severance payments.