Arbitration talks over the controversial sacking of a Skeldon estate employee are ongoing as various issues still need to be clarified, the arbitrator Mohamed Akeel stated yesterday.
GuySuCo and the main sugar union GAWU had clashed over whether the arbitration into the dismissal of Stephen Daniels was over. GAWU had argued that Akeel had not been able to make an award and therefore the process was over and Daniels was to resume work. GuySuCo on the other hand had maintained that the arbitration was not over and Daniels would remain suspended without pay.
Akeel, a former Chief Labour Officer was named the arbitrator to review the case of a Skeldon estate employee who was sacked after an altercation with the manager. As part of the terms of resumption over the strike, GuySuCo had agreed to vary the dismissal to suspension without pay pending the outcome of the arbitration.
Akeel yesterday told Stabroek News “I need clarification…they [GAWU and GuySuCo] have not in my view succeeded yet.”
He stated that “in my determination arbitration is not completed unless one side withdraws”. He continued that since the Guyana Agricultural and General Workers Union (GAWU) refused to amend the Terms of Reference the process has stalled. The arbitrator said “that does not mean it is done completely, my preliminary recommendation they [GAWU] rejected.”
His 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that no disciplinary action had been taken against Daniels by GuySuCo since the dismissal letter against him had been withdrawn, awaiting the outcome of either conciliation or arbitration. The union contested this by arguing that the employee has been on suspension since the incident in September and that was in fact a penalty.
The Terms of Reference which were signed on October 21 stated that the purpose of arbitration was “to enquire into the disciplinary action taken against Mr Daniel Stephen and having regard to the evidence and submission by the parties to make an award as the arbitrator deems fit.”
“GAWU is not interested in changing the Terms of Reference, it can’t go any further, but that doesn’t mean it’s done. So that’s why I will need clarification,” Akeel noted, adding that he will write the head of GAWU, Komal Chand.
Up to press time Chand stated that GAWU had not received any correspondence from Akeel but that the union is not opposed to hearing him out. Chand remained adamant that the union at this point believes arbitration to be concluded.
Chand reiterated that Akeel was on record as stating that arbitration was concluded because no award could be pronounced on since there was no agreement for the terms of reference to be altered. He said that all parties involved signed on to the terms inclusive of the Chief Labour Officer and that no amendments would bring an end to the arbitration which would mean Daniels, a dock worker would be allowed to return to work.
The Head of GAWU expressed frustration that Daniels was told to return to work by the union and was then told by Skeldon management that he was not allowed back on the premises.
GAWU had 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.
Chand stated that any further correspondence from Akeel would need to be discussed with the union’s attorney’s Messrs Cameron and Shepherd.
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’ 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.
In a press statement on December 3, GAWU stated that it mattered not that the arbitration tribunal’s Secretary Dexter Semple had invited the union for talks on December 2. It maintained that Akeel, on November 26th, had stated “unambiguously that the Arbitration was at an end; this was recorded in the note that was received from you.”
Meanwhile, GuySuCo reiterated that Daniels is not to return to work and his suspension will continue until an award is made.
An industry strike could be disastrous for both sides, with GuySuCo not yet meeting its already twice- reduced annual sugar target of 216,000 tonnes.
