PATRICK Yarde, president of the Guyana Public Service Union (GPSU) says there is a serious deficiency in public service representation and has underscored a need for the reformation of the public service commission (PSC) and the re-installment of the public service appellate tribunal (PSAT) to ensure fair opportunities and legal proceedings for public servants.In his first appearance before the chairman and commissioners of the Public Service Commission of Inquiry yesterday, Yarde said initial action should be taken for the appointment of the PSC to be done at the highest standard.
He believes an initial action that should be taken is “for the appointment of the Public Service Commission to be done at the highest standard.” He said that although the constitution states that parliament would recommend to the President who sits on the PSC “having consulted with a body or bodies that ‘appear’ to represent public servants,” government should instead recognise the “higher standard” now in law which involves the Trade Union Recognition Act (TURA).
“Unions now have to get a certificate of recognition to represent people so (government) need not have the feature of who appears… you should have the feature of who are certified by the Trade Union Certification Board… you (trade unions) are not recognized if (they) don’t have a certificate… so why the constitution refers to “who appears” rather than what the law states?” he pondered.
He said they have had a problem with the composition of the PSC prior to the appointment of the current commission, since it appeared to him that the selection of three persons then was made by former President Donald Ramoutar himself and not based on recommendations made by the then Opposition.
Those commissioners were Carvil Duncan, Patrick Yarde, Patricia Went, Mohamed Akeel and Vidyawattie Looknauth.
Amend constitution
Yarde believes the constitution should be amended to ensure fair representation. He said further that the then opposition parties in parliament “were decent and took an enlightened and correct approach in attempting to respond as close as possible to the spate and intent of the law.”
“I am advocating without reservation that the constitution ought to be amended to address the highest standard in the identification of the workers representatives.”
Persons of integrity who are professional and are prepared to be transparent and stand up to scrutiny should be chosen for these posts.
Yarde disclosed that the Public Service Appellate Tribunal (PSAT) has been one of the GPSU’s greatest achievements and its formation has been considered a display of maturity by the 1984 government accepting the union’s representation and amending the constitution.
The composition of that body included a retired appellate court judge, a union member and a government member, but unfortunately the government had rendered it dysfunctional, accepting resignation of the government tribunal member, the late George Fung-on – “and it was so ridiculous (because) he (Fung-on) was then appointed chairman of the Public Service Commission.”
Since then the PSAT has been rendered non-functional because Fung-on was not replaced even though the GPSU had approached the government on several occasions. The union president, however, has high hopes since the APNU+AFC coalition had pinpointed the reinstatement of the body as part of its plan if elected.
“It is a constitutional body and that is why we have approached the new government to have the tribunal appointed… as an executive council we have already identified our person and we have submitted the name in anticipation that the Public Service Appellate Tribunal would be appointed.”
He said the absence of PSAT has resulted in many persons suffering and many are still suffering and if it is not fixed “many will continue to suffer.”
Yarde has asked the COI chairman and commissioners to examine a remedy to address concerns of persons who have been discriminated against and have suffered because of the absence of the tribunal, and some have even reached post-retirement.
Meanwhile, the GPSU president also underlined as urgent the termination of the contractual system of employing public servants and said government should consider only the permanent and pensionable employment system in which there is “equal and fair treatment for all.”
No contract workers
He said also that the union has been pursuing the elimination of the temporary system of employment and stands firm on its belief that “there should be no one on contract in the public service.”
There are concerns on separation and that some contract workers enjoy special treatment and are paid above the norm for the position than others.
“Public service is a career service and there should be equal and fair treatment for all,” he said, adding that contract employment has no claim for promotion. Government must invest in public servants, offering a consistent training and development programme.
“The public service structure is permanent and therefore if you have it well organised you must have the necessary preparations done to take care of your needs.”
And regarding employment of permanent secretaries, the highest rank of public servants employed, he affirmed: “No rank outside should come in and be permanent secretary. There ought to be an institutional relationship and (they must) be acquainted with the system.”
The COI continues today at 10:00hrs.