TOUCAN Connections Incorporated, the only Call Centre in the mining township of Linden, Region 10 (Upper Demerara-Berbice), allegedly violated labour laws when it closed operations recently and sent home some 90 persons without prior notice.According to the Government Information Agency (GINA), the alleged violation has forced the government to intervene, so as to ensure that those now unemployed persons will be given their full benefits.

Minister within the Ministry of Social Protection, Simona Broomes, who holds oversight responsibility for the labour department, led a team to the mining town on Wednesday to meet with officials and staff of the now closed Call Centre.

According to GINA, during the engagement with the manager, supervisor, and 86 staff members at the Centre, the minister explained that she was informed of the issue by Regional Chairman, Rennis Morian, who was also present.
The minister was told by staff that the management of the Centre had advised them that the benefits due them would be paid by the Government.

This notion was, however, quickly dispelled by Minister Broomes, who told them that they’d been misled. “If it was told to you that it is the responsibility of Government to pay your severance, I would like to say to you, this is not true. It is the responsibility of the person who employed you to do so,” she told the now unemployed persons.

The minister explained that the management of the Call Centre had violated the labour laws of Guyana, which mandate that businesses, upon their closure or intentions to do so, must first inform their employees and then the respective government or State agency.
Supervisor of Toucan Connections, Shontel Brooks, advised the minister that the company had misinterpreted the laws, since it was felt that the severance package was the responsibility of the Government.

Minister Broomes, who didn’t buy the explanation, viewed it as ‘misleading the employees’, since ignorance of the law is no excuse.
“How can you be here and establish a building and say to me that you didn’t know the law? You are misleading workers to say that it is Government’s responsibility to pay severance,” she said.

She further said that had it not been for the intervention of the Regional Chairman, the staff had intended to stage a protest, blaming the Government for their dilemma.

In addition to this, investigations were also done by the Ministry’s team, only to discover that NIS contributions were not remitted to the Scheme, since they were told by the supervisor that all documents are managed in St. Kitts.
However, these contributions, along with the PAYE, are deducted from their salaries. According to Minister Broomes, “the reason I had sent for inspections to be conducted is that I had received complaints from workers that they are being abused, and made to work in terrible conditions.”

Labour, Occupational and Health Officer, Dawn Gardener, said she witnessed the abuse first-hand while conducting her investigations at the Centre.

Minister Broomes has since committed to ensuring that all the necessary contributions will be paid up-to-date, and advised that the ministry intends to file legal action against the company for breaches of the labour laws, under the Termination of Employment and Severance Pay Act, Chapter 99:08-Laws of Guyana.

According to the Act, employees should be consulted “as early as possible, but no later than one month from the date of existence… with recognised trade unions, or, if none exists, the employees or the employee’s representatives and the Chief Labour Officer, on the possible measures that could be taken to avert or mitigate the adverse effects of such circumstances, in relation to employment generally and employees concerned.”

The law goes on to say: “Any employer who contravenes any of the provisions of this section shall be liable on summary conviction to a fine of $20,000, and imprisonment of three months.”

Adele Bakker, one of the persons who’ve been laid off, explained to Minister Broomes that the company has been robbing them of their monies, in that whenever an employee logs out of the system, whether to go to the washroom or see the supervisor on request, money is being deducted from their salaries.

Having heard enough, Regional Chairman, Rennis Morian said he intends to have the building secured, since it belongs to the State, and has appealed to the Minister to launch an overall investigation into the operations of the Centre, as he was advised that valuable assets have already been removed from the premises.

He is also asking that the travel documents of the foreign managers of the company be placed on hold, until the workers are paid all their benefits ,and all arrangements are completed.

Region 10 Member of Parliament, Valerie Patterson, urged the Minister to ensure that the agreements with foreign companies, wanting to invest in Guyana, be done in accordance with the prescribed rules, regulations and laws of the country. Owner and Managing Director of the Company, Gordon Walker was not present during the meeting.