A row between the main sugar union GAWU and GuySuCo over the firing of a Skeldon employee looks set to continue as the arbitrator in the matter has failed to make an award.
Stephen Daniels had been fired by GuySuCo in September after allegedly assaulting the Skeldon estate manager. This led to a debilitating strike which ended after the intervention of the Ministry of Labour. It was agreed that Daniels’s dismissal would be varied to suspension without pay pending a resolution between the two sides. Conciliation talks at the Ministry of Labour failed and arbitration was ordered, with former Chief Labour Officer Mohamed Akeel presiding.
The Guyana Agricultural Workers Union (GAWU) President Komal Chand accused GuySuCo of going back on the terms of resumption agreement which had been signed to end the strike over Daniels’ dismissal.
At GAWU headquarters in Kingston, Chand told Stabroek News that Daniels had resumed work on Wednesday after Akeel was unable to arrive at a decision but was later sent home again.
Akeel’s preliminary ruling had stated that no disciplinary action had been taken against Daniels by GuySuCo since the dismissal letter against him had been withdrawn, awaiting the outcome of either conciliation or arbitration.
According to documents seen by this newspaper, Akeel stated that he was unable to make an award as is specified in the terms of reference.
He invited both parties to consent to an amendment of the terms of reference in order to permit him to make an award as to what disciplinary action should be taken.
Chand explained that the union had refused to agree to an amendment, saying that “they had a big row” about the suspension of the worker. He said Akeel brought the proceedings to an end because he did not consider suspension a penalty.
“But it is a penalty,” Chand argued.
Chand stated that after the ruling, GAWU informed Daniels to resume work based on the terms of resumption, which stated that the dismissal of Stephen would be amended to suspension without pay until the end of either conciliation or arbitration.
He added that Daniels related to the union that he was allowed to resume work by a foreman on duty on Wednesday night but half an hour later, the foreman returned and told him that he had received instructions from “higher authorities” that he was not allowed to work.
Chand said Daniels’ photograph was “paste up on every wall” in the factory, with an order that he should no longer work there.
GuySuCo, however, had sent a letter to GAWU informing that their attorneys, Messrs Cameron and Shepherd, had advised that the conclusion of the period of suspension without pay for Stephen was premised on an award and since an award was not made Daniels’ suspension without pay will continue until otherwise ordered by an Arbitrator or a Court of Law.
Chand stated that the secretary of the tribunal had written both parties, inviting them to attend a meeting with Akeel, but the union had refused. He stated that they rejected the invitation because they were told that the “tribunal had ended” and as such they saw no reason for meeting. He said the arbitrator again summoned another meeting but GAWU has yet to decide if they will accept it.
Daniels’ dismissal had triggered a strike at Skeldon factory and sugar canes were burnt.
