By: Feona Morrison
The Guyana Public Service Union (GPSU) has, in the Demerara High Court, instituted legal proceedings against the Government over what it terms a “unilateral” seven per cent salary increase that was announced last year for public servants.
By way of a Fixed Date Application (FDA) against the Attorney General and Permanent Secretary of the Public Service Ministry (the defendants), the GPSU is asking the court to declare that, in the absence of consultation between the Government and the Union, the salary increase is contrary to the provisions of the Trade Union Recognition Act, and is therefore unlawful.
Among other things, the GPSU is asking the court to order the defendants to enter into meaningful negotiations with the Union, in accordance with the relevant laws. It is claiming damages of over $2 million against the defendants for breach of the terms, conditions and procedures set out in the Memorandum of Agreement between the Union and the Public Service Ministry for the Avoidance and Settlement of Disputes, as contained in Appendix Q1 of the Public Service Rules 1987 and the Memorandum of Agreement between the Union, the Federated Union of Government Employees, and the Public Service Ministry’s Terms of Resumption of Work, dated June 23, 1999; and for oppressive conduct.
In a letter dated September 1, 2020, the GPSU said it wrote to the Public Service Ministry’s Permanent Secretary, requesting the commencement of negotiations in respect of salaries, wages and allowances for the year 2020. In the correspondence, it requested that the matter be treated urgently in order to avoid a unilateral end-of-year imposition without the necessary consultation, and it enclosed its proposals within that correspondence.
According to the GPSU, a meeting was convened on November 4, 2020, led by Public Service Minister Sonia Parag, at which no decision was made, as the Minister declared that she had not been mandated to enter into these discussions with the Union.
With no further response having been received and no further meeting having been convened, the GPSU said, by letter dated December 14, 2020, it wrote to President Dr Irfaan Ali, bringing to his attention that despite its request, no meeting or conference had been convened, as contemplated by the Collective Labour Agreements in force.
Because no declaration was made by the Government in December 2020 in respect to increases in wages, salaries, and allowances for persons employed in the Public Service, the GPSU submitted, it again wrote to the Permanent Secretary – this time on March 11, 2021 – requesting that a meeting be convened urgently to begin negotiations for wages, salaries and allowances for the years 2020 and 2021.
The GPSU submitted that on November 18, 2021, without any meeting or conference having been convened between the Union and the defendants, Finance Minister Dr. Ashni Singh, in an address to the public, announced that the Government had decided to award a seven per cent increase to Public Servants, retroactive to January 1, 2021.
The Union has complained that, as at the date of the filing of the FDA, the Government has failed and/or refused to meet with it to discuss and negotiate the wages, salaries, and allowances of Public Servants, as is expressly contemplated by the relevant Collective Labour Agreements and the Trade Union Recognition Act, Chapter 98:07.
The GPSU, which represents thousands of Public Servants, argues that pursuant to Article 149C of the Constitution of Guyana, in its capacity as the recognised representative of employees in the Public Service, it is entitled to be involved in the decision-making process of the State in relation to all matters concerning increases in wages and salaries.
The union is contending that the defendants “unilaterally determined, declared and imposed the seven per cent increase in wages, salaries and allowances” without consultation and negotiation with the union, in contravention of the express provisions of the Memorandum of Agreement between the Guyana Public Service Union and the Public Service Ministry for the Avoidance and Settlement of Disputes.
The defendants’ failure to convene meetings or conferences to facilitate the discussion and negotiation of issues touching and concerning the terms and conditions of employment of employees in the Public Service with specific reference to wages, salaries, and allowances is in contravention of the collective labour agreements, and is in breach of the International Labour Organization, the GPSU further contends.
Moreover, the GPSU has submitted that it will contend that the conduct of the Government is “oppressive and amounts to an act of interference or circumvention” to the extent that the continued unilateral actions may lead, and have led, to the appearance and belief that the Union cannot, and does not, represent the interests of Public Servants.
Besides damages, the Union has submitted that it is also entitled to costs against the defendants. The GPSU has appointed Mandisa Breedy as its Attorney-at-Law.
To improve the standard of living of Guyanese, the Government, in November 2021, announced a seven per cent increase in wages and salaries for all categories of Public Servants. Minister Parag had informed that over 20,000 workers would benefit from the pay hike.
