The Guyana Bauxite and General Workers’ Union (GB&GWU) says it is awaiting the reissue of letters for arbitration proceedings to begin between the union and the Bauxite Company of Guyana Inc (BCGI).
In a statement, GB&GWU accused the BCGI of mischaracterising the implications of a recent ruling by acting Chief Justice Ian Chang on the company’s challenge to the decision by the Labour Minister to order arbitration proceedings.
BCGI, owned by Russian conglomerate, Russian Aluminium (RUSAL), has taken Labour Minister Dr Nankishore Gopaul to court, arguing that his decision to send the dispute to arbitration was illegal.
In the motion filed in the High Court by attorneys Edward A Luckhoo and Andrew Pollard, the company called on the Minister of Labour to show why his decision to move to arbitration, between RUSAL and the union, should not be vacated and quashed on the grounds that they were unlawful, contained errors, were subject to impropriety, in breach of the rules of natural justice and were null and void thus have no legal effect.
In a statement on Monday, the GB&GWU said the BCGI lawyers raised a number of points, including that the letter issued to the parties informing them that a decision has been taken to appoint a tribunal was issued by the Chief Labour Officer, although it should have been issued by the Minister of Labour. Further, the lawyers said the letter appointing the arbitrator and the Terms of Reference did not refer to the name of company, although the letter spoke to a dispute between the union and the BCGI. It was also noted that the letters addressed to the arbitrator and the union were copied to the general manager of RUSAL and not the BCGI.
According to GB&GWU, while the company’s letterhead specifically states “RUSAL,” the company’s lawyers argued that the name should not have been in the arbitration correspondence from the Labour Ministry.
The union also noted that the lawyers representing the Labour Minister noted the issues raised by the company’s lawyers and that new letters would be issued to the arbitrator and the parties mindful of the arguments. As a result, it said it awaits the requisite correction and issuance of the letters.
“The court is being given the opportunity to do its job. We are, however, committed to staying in the battlefield, confident the arc of justice bends towards the workers and citizens of this country,” the union said in its statement.
In March, Gopaul ordered the two parties to head to arbitration, just shy of three years since the start of the ongoing dispute with them over wages, working conditions and the firing of workers.
