The main sugar union GAWU yesterday said it was “flabbergasted” at the finding by the Akeel tribunal upholding the dismissal of a Skeldon estate worker and it vowed to pursue the matter in various fora.
Stephen Daniels’ dismissal in September was the subject of a dispute between the Guyana Agricultural and General Workers Union (GAWU) and the Guyana Sugar Corporation which led to a debilitating strike in the industry.
As part of the terms of resumption to end the strike, Daniels’ dismissal was varied to suspension without pay pending the outcome of conciliation or arbitration under the aegis of the Ministry of Labour.
Conciliation talks failed to produce agreement and arbitration was invoked under the chairmanship of former Chief Labour Officer Mohamed Akeel. It appears that the suspension of Daniels as part of the terms of resumption posed a difficulty for Akeel’s mandate and led to his ultimate position on Monday that the dismissal of Daniels would remain. Daniels was dismissed for allegedly assaulting the manager of the Skeldon Estate.
In a statement yesterday GAWU described Akeel’s report as confusing and expressed concern at GuySuCo’s stance on the matter.
“A run of the mill labour dispute which could have been settled weeks ago with the guidance from the Ministry of Labour was, for some unfathomable reason not favoured by GuySuCo.
Instead, GuySuCo chose to go by way of a Tribunal. For an industry that is in serious financial straits this approach will no doubt needlessly increase by millions its debt difficulties”, GAWU said.
The union also accused Akeel of shifting positions. GAWU contended that the Arbitrator concluded the Tribunal proceedings on November 26, 2014 as follows:- “…if we don’t agree to move forward by altering the Terms of Reference which I cannot force, my duty (which is) based on the Terms of Reference is finished because there is no disciplinary action for me to inquire into, so the matter is concluded here”.
The union said that this was a clear and unambiguous conclusion which favoured Stephen Daniels.
“But then, it seems our experienced arbitrator, rather suddenly experienced a sea change. On December 29, 2014, he presented a report, which, among other things incomprehensibly stated:- `Being unable to proceed further I have to bring this Arbitration to an end by ruling that (Daniels) remains dismissed…’”, GAWU stated.
GAWU further argued that GuySuCo’s last act suspended Daniels by letter of September 25, 2014 which read:- “This letter therefore confirms that your summary dismissal has been recalled and you shall remain off the job as suspension without pay until the outcome of either conciliation or arbitration proceedings.”
The union argued that it is outside the Arbitrator’s Terms of Reference to have concluded “that (Daniels) remains dismissed” rather he ought to have determined the end date of the suspension of the worker.
GAWU says it remains convinced that its member has been unjustly penalized and is deserving of our full solidarity.
After Akeel’s finding on November 26, Daniels had attempted to return to work at Skeldon but GuySuCo disallowed this by saying that the arbitration was not yet over.
