GuySuCo says Daniel Stephen to remain off job until arbitrator submits award

GUYSUCO said yesterday that Skeldon Estate worker, Daniel Stephen will remain off the job until the arbitrator submits his award. In a press release, the company stated that the arbitration continues to investigate the disciplinary action taken against Daniel Stephen for physically assaulting the Estate Manager.

The release further noted that the Guyana Agricultural and General Workers Union (GAWU) should desist from instructing Mr. Stephen to resume work as they previously did.
GuySuCo’s position is consistent with the arbitrator’s letter dated November 28, 2014, where the arbitrator advised the Union that “The Arbitration is NOT concluded until the Arbitrator presents his award to the Chief Labour Officer and the parties.”
The arbitrator went further and invited the Union to a meeting to “continue the process” on December 2, 2014. Unfortunately the Union did not attend the meeting.
GuySuCo wishes to restate its position that since the arbitration is not concluded and there is no award, Mr. Stephen’s disciplinary action without pay will continue until otherwise ordered by the arbitrator.
GAWU’S VIEW
Meanwhile in a separate release, GAWU stated that Mohamed Akeel’s (Arbitrator) Arbitration Tribunal ended on November 26 after he declared it closed on the said date.
The release said further that the arbitrator concluded his last arbitrational session on November 26, 2014 and he said, “if we don’t agree to move forward by altering the Terms of Reference which I cannot force, my duty (which is) based on the Terms of Reference is finished because there is no disciplinary action for me to inquire into, so the matter is concluded here.”
Also in a letter addressed to the Tribunal’s Secretary, Cde Dexter Semple on December 01, 2014 invited the Union to a Tribunal meeting on December 02, 2014,
The Union (GAWU) replied by stating, “The Arbitrator on November 26th, 2014, stated unambiguously that the Arbitration was at an end. This was recorded in the notes that were received from you.”
They also noted that the aforesaid position of the arbitrator was made after the Union’s position namely, that it would not agree to an amendment of the Terms of Reference… Against that background, the Union insists that Arbitration proceedings came to an end on November 26, 2014.
Meanwhile in an interview on Tuesday last, President of GAWU, Komal Chand noted that the workers are again raising concerns on the issue which involves their colleague, and have threatened to take industrial action if the matter is not solved.
MASSIVE STRIKE
The suspension last month resulted in a massive strike in the sugar belt and subsequent agreement between GuySuCo and GAWU.
Six conditions were agreed to by the Union and GuySuCo: that the strike by field and factory workers will end; the union will ensure full resumption of duties by field and factory workers from the day the strike ended; there will be no victimisation on either side because of strike action; all workers who were on strike will not have their ‘strike day’ counted as absent, but as days not available for work; that the dismissal of the Skeldon factory employee, Mr. Daniel Stephen, will now be treated as a suspension, without pay, until the end of the reconciliation talks and within 24 hours after resumption of duties, the aggrieved parties – including GAWU – will meet with the Chief Labour Officer, who will make a final decision on the matter.
The Ministry of Labour’s recommendations were not binding, but those of the arbitration tribunal were.

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