No election for union president until determination of action
ATTORTNEY-at-law Mortimer Coddett, representing sacked president of the Clerical & Commercial Workers Union,  Roy Hughes, Tuesday accused the respondent CCWU of seeking to have arguments at ex parte stage without first seeking leave to file affidavit in answer.
Former High Court judge, Justice Jainarayan Singh, has now joined the defence, with Mr. Coddett as his Assistant.
When the matter, in which  an injunction was granted by Justice Winston Patterson in August of this year, was called up for hearing in Chambers, before Justice Dawn Gregory-Barnes, Attorney-at-law Miss Chase, holding for Senior Counsel, Mr. Ashton  Chase, for the Union, is said to have enquired about the holding of an argument at the ex parte stage.
According to Mr. Coddett, the injunction that was granted restraining the union from doing anything untoward until the matter was fully determined will remain in force in keeping with the Order of the Court.
The Plaintiff is saying that he was on sick leave and had to leave Guyana for medical treatment in the United States; and while he was there the General Secretary of the Defendant union, a Mr. Culbard, who does not have the power to hire or fire, purported to terminate the Plaintiff’s employment while he was on sick leave, contrary to the Act No. 19 of 1997 and Union Rule 8, and then subsequently reported his action to the Defendant Union at an Executive and General Council Meeting,
The Plaintiff at the time of the purported dismissal was over 60 and had over 28 years service with the Defendant Company and is therefore entitled to severance pay and certain benefits.
In his Ex Parte application by way of affidavit for an interim injunction, the applicant, Roy Hughes, said that he was President of the Respondent’s Union from 1999, serving four terms, until 2007.
Further hearing has been fixed in Chambers for October 5, 2010.