NO society can grow and develop without the inputs of its most vital resource, i.e. the people, and this requires putting a nation’s human capital at the centre of governance and decision-making. President David Granger in his address to the National Assembly on 13th October, pronounced on the Government’s intention to establish, under the Laws of Guyana, an Industrial Relations Tribunal. On examining the industrial relations landscape such pronouncement should be welcomed. The tripartite partners- government, employers and trade unions- must now work assiduously to bring to realisation this institution.
There is no denying the current industrial relations climate continues to be volatile as seen in relationships such as in the Bauxite Company of Guyana Incorporated, a company managed by Russia Aluminum (Rusal), and the workers’ union, the Guyana Bauxite and General Workers Union. This company has decided that it will not deal with the union which runs counter to the Trade Union Recognition Act, Section 23 (1) and the Guyana Constitution.
Similarly, the management of the Demerara Timbers Limited has taken the decision to dismiss workers who have exercised their fundamental right under the Constitution and Collective Labour Agreement between the company and their union, the Guyana Agricultural and General Workers Union. While these too companies are managed by expatriates, companies owned and managed by Guyanese are said to be taking the opportunity to dismiss workers who are not organised in trade unions in violation of the labour laws. It has been advised that when such decisions are challenged by the aggrieved and the Ministry of Social Protection asks of the management for an account of what has informed the decision, it is not unusual to see management resorting to hiring lawyers to fight their cases in court.
Also what exists today is that companies and individuals who are summoned by the Labour Department to account for their conduct either refuse to attend or reluctantly do so. Labour officers and the department will also attest to the disdain and disrespect shown to the office and department.
The operationalising of the tribunal will require technical staff who are au fait with industrial relations, laws, conventions and time-honoured principles. But the commissioners on the tribunal need not be lawyers, but persons who have acquired experience in industrial relations. Its establishment also means the non-lawyer, who is a labour or industrial relations practitioner, making representation on behalf of an aggrieved employee. Our industrial relations system while guided by a legal framework, the day-to-day elements and practices are premised on a body of knowledge emanating from the International Labour Organisation Conventions, customs and practices within industries, supported by collective labour agreements (CLA), inclusive of the interpretation of the spirit and intent of the decisions within the CLA.
Drawing from Trinidad and Tobago which has an industrial relations court, the judges on the bench comprise practitioners from industries and the trade unions, some of whom are not lawyers. The framers of this tribunal, i.e. the social partners (government, employers and trade unions) must keep in mind that the decision of the tribunal must be final and binding on the parties, and must only be challenged in the court where fundamental rights and freedoms are perceived to be violated. A tribunal will improve the industrial relations climate and bring a sense of balance in worker/management relations. While on the part of the worker it brings the psychological comfort of knowing that a mechanism is in place that can address his/her grievance at a minimum cost with some degree of alacrity, on the part of the employer it allows the decision to guide and improve their management decision. Ultimately,the development and growth of people and society are hinged on building respectful relationships. While the call for this tribunal predates the APNU+AFC administration, its realisation during the administration’s stewardship will enhance the labour pillar in its push for a Green Economy, which is a macro policy that encompasses Sustainable Development, the Environment and Labour Policies.