Acting Chief Justice Ian Chang has sent the Guyana Agricultural and General Workers Union (GAWU) and the Guyana Sugar Corporation (GuySuCo) back to arbitration after yesterday discharging the interim injunctions granted earlier this year to prevent the company from treating Skeldon estate worker Daniel Stephen as if he were summarily dismissed.
Stephen and GAWU had moved to the High Court in January after arbitrator Mohamed Akeel concluded that Stephen was dismissed.
GAWU had signalled its opposition to this finding. Stephen made an application in his own name, while the plaintiffs for GAWU are Yashomatie Rampersad and Sattie Basdeo, the Trustees of GAWU, and Seepaul Narine in his capacity as General Secretary of the union.
In December last year, GAWU had stated it was “flabbergasted” at the finding by the Akeel tribunal upholding Stephen’s dismissal. Stephen’s dismissal after an incident with the Skeldon estate manager was varied to suspension without pay pending the outcome of conciliation or arbitration under the aegis of the Ministry of Labour.
Meanwhile, Stephen, who remains unemployed, is confident that the union has not backed down and will continue to fight for his rights.
He told Stabroek News that the union has kept him abreast of the current situation and he last spoke with representatives a few days ago prior to the most recent decision by Justice Chang.
A GAWU representative relayed to the Stabroek News that while the original Terms of References would not be altered under the new arbitration, the union, GuySuCo and the Labour Ministry would have to organise a meeting of the parties.
Chief Labour Officer Charles Ogle told Stabroek News that he was not aware of the Chief Justice’s ruling on the matter but noted that the ministry would be reaching out to the parties.
It is not yet clear as to whether Akeel will resume his responsibilities as arbitrator for the second round of talks and if either parties will contemplate making changes to the terms of reference. Akeel’s initial ruling was challenged on the grounds that it did not follow the terms stipulated.
