Attorney General Anil Nandlall today wrote the Head of the GPSU, Patrick Yarde warning that if illegal strike action by frontline health workers continues, the government will have no alternative but to consider various options including criminal charges and termination of contracts of employment.
After citing the laws that make the protest action illegal, Nandlall wrote “In the circumstances, you must appreciate that you are forcing the Government to resort to certain options which the Government at this stage, would prefer to avoid. However, unless these protest actions cease immediately and the procedures outlined by the law are invoked, the Government will have no alternative but to consider certain options, including but not limited to, the institution of criminal charges, dismissal, termination of contracts of employment, suspension of the collective labour agreement with the GPSU and the suspension of the deduction of union dues for and on behalf of the union”.
He also warned that the government will not bargain under duress.
The actions by Yarde’s Guyana Public Service Union (GPSU) have been seen as purely political considering that the government has only been in office since August 2nd this year. By contrast, Yarde’s union had five years to extract some of the demands currently being made from the APNU+AFC government but made no concerted effort. Yarde cultivated close ties with the former Granger administration.
In his letter, Nandlall pointed out that the Public Utility Undertakings and Public Health Services Act set out procedures for the settlement of disputes in essential services such as health care.
“From the instructions that I have received and the documents examined, there is no evidence that the procedure outlined in the Act was activated even in part, or at all, by or on behalf of frontline health workers and consequently, the protest actions which they have embarked upon ….are absolutely unlawful and illegal. Indeed, every person engaged in strike action contrary to the Act, commits a criminal offence and is liable on summary conviction to a fine or imprisonment.”
He told Yarde that the evidence is clear that the GPSU has failed to disclose to the workers the true, legal and acceptable industrial course of action on this matter but had chosen to mislead them into committing violations of the law.
There have been sporadic protests over the past week by health workers on the frontlines of COVID-19 seeking various concessions from the authorities.
