SUPPORTED by employees from SAJ rice incorporated who were recently dismissed, the General Workers Union (GWU) yesterday led a picketing exercise outside the Social Protection Ministry to express their dissatisfaction with the operating procedures which guided the dismissal of approximately 20 employees.Offering a comment to the media on the genesis of the issue, President of the GWU Norris Witter, explained that two weeks ago, employees of the said company approached officers of the union requesting information as to the procedural requirements for joining the organisation.

Subsequently, on Friday, July 31, officers of the union visited workers of the rice company, where discussions were held. He reported that just two days after that meeting, the dismissal of 15 of those employees took immediate effect.

The dismissal letter was reportedly titled “Termination on the grounds of redundancy.”

After being made aware of this, Witter said, on Tuesday, August 4, the union contacted the Ministry of Social Protection and informed them of the situation. “We took the pains to point out to the ministry that the actions of the management was illegal; it was in conflict and violation of the Termination of Employment and Severance Pay Act Chapter 98:08,” he said.

According to the Act, which provides for dismissal on the grounds of redundancy, “Prior to terminating the employment of any employee pursuant to the section, the employer shall inform as early as possible but not later than one month from the date of the existence of any circumstances…”

The Act further provides for summary conviction and payment of a fine of $20,000 dollars and imprisonment for three months, if the employer contravenes any provisions of the Act.
But this was alluded to by Witter when he contacted the Ministry of Social Protection. In fact, he told reporters yesterday, he had made reference to the law, citing conditions for dismissal on the grounds of redundancy, which includes informing the employees and or the ministry prior to the decision taking effect.

This had, however, not been the approach by the rice company. To this end, the union representative reasoned that the action of the employer was not only a violation of the rights of the employees, but was also a demonstration of disrespect for the ministry responsible for labour issues.

When this was pointed out to the ministry, Witter related, the SAJ response, one week later, was to continue with the same violation, this time terminating five more employees under the same condition of redundancy.

Against this backdrop, the trade unionist passionately expressed that the rights of workers are non-negotiable, and that no matter how good a budget is, the persons who are intended to benefit will not benefit if they are not employed.

“The reason for this protest is that it is a reminder to the union that, despite the fact that there has been a change in political administration, there are still employers in this country who are prepared to continue to violate the rights of workers with impunity, and to treat workers contemptuously.

“We are sending a very strong message to any such employer, whether they be State employer or private employer; whether local employer or foreign employer; we are not going to condone these atrocities any longer. We are determined to exercise our militancy and bring an end to all acts of violation against workers of this country,” Witter affirmed.

Also weighing in on the matter was Minister of Social Protection Volda Lawrence, who stated that the ministry will be addressing this matter in context within the law, which she alleged was breached by the employer.

According to the minister, she was unaware of the situation, since the ministry had not received any correspondence from the employer. However, she assured reporters that there is currently an officer assigned to investigate the matter.

Additionally, Minister Lawrence explained that she will facilitate dialogue between herself and the Chief Labour Officer (CLO), who had earlier yesterday returned from another engagement. “I’m going to have a chat with him [CLO], and I can assure you that, before the day is out, we will be addressing this matter,” she said.