…as ‘Troy’ lets go laid off employees
–accuses company of breaching stipulated one-month notice

By Tamica Garnett

THE management of Australian-owned gold mining company, Troy Resources Guyana Inc. has taken a decision to terminate the services of all of its laid off employees, informing them via ‘memo’ to expect severance pay no later than this Friday.
The company has some 512 employees, 83 per cent of whom are locals. The 137 employees still in its employ are not affected by the termination notice or the severance pay-out.

The Union for the employees, the People’s United and General Workers Union (PU&GWU), says it is alarmed at the company’s decision to terminate employees without giving it notice, despite there’s a law stipulating that they must be informed and given related information. The company has however noted that it hopes to rehire employees as its operations picks up.

“This decision was made with reluctance, and will nevertheless assist employees by providing a termination pay-out. It is expected that ‘Troy’ will go back to rehiring employees, as needed, for a start-up in the near future, and hopes most current employees will be available and willing to return to work,” the ‘memo’ read.

It then goes on to say, “In the meantime, ‘Troy’ continues with exploration work, repairs to the processing plant, and securing the assets. The success after restart is heavily dependent on team work, open communication, and the understanding that we all need to pull together to make it work.”

During a media visit to the company’s Karouni sites last Thursday, management said it was costing the company some US$40,000 per day to continue in its suspended state, which began since October 12. Guyana’s Termination of Employment and Severance Pay Act 14 (1) gives employers the option to lay off employees for a period not exceeding six weeks. A decision on the way forward for the company had been expected following a meeting between the executives and their Australian principals last Sunday night.
Notwithstanding reportedly outperforming its September gold production target by 1395 ounces, and plans to start mining a small test pit at Ohio Creek, the company said it was hard-hit since operations were suspended.

DOWNWARD PROJECTIONS
During last Thursday’s visit, Company executives told the media that for the past few months, ‘Troy’ has been experiencing downward projections but is banking on future forecasts.

“The lack of income over the last six weeks has clearly damaged the company,” the ‘memo’ said.

Following the October 8 death of Ryan Taylor, one of its geologists at its “Hick’s Extension” mine in Karouni, Troy Resources laid off all but 137 of its employees, on the pretext of complying with a directive from Minister with responsibility for Labour, Keith Scott.
Scott’s ‘cease-work order’ was rescinded by Minister of Social Protection Amna Ally on October 15, but the company chose to remain closed instead. Following Taylor’s death also, investigations were launched by the Occupational Health and Safety (OH&SD) Department and Guyana Geology and Mines Commission (GGMC). Despite all investigations and reports have been completed, none of them have been released.

NOT AT ALL HAPPY
Some employees are not entirely happy with how the situation was handled by the company, but are relieved to have a decision made so they know where they stand.
“I mean, it’s life; it’s going to affect a lot of people who don’t have any other income. All like me, I done know what I can do. I have my business, or I can go back in the ‘bush’, because I was offered a job; just that I refuse it because I said I didn’t want to go, and they try calling me and can’t get on to me and so forth. I have other plans,” one employee noted.

Monday’s ‘memo’, signed by Company Managing Director and Chief Executive Officer (CEO) Ken Nilsson, notes that “the scheduling resources and reserves, as well as securing financial support has not been completed, and will require more time.” It goes to say that given that “the timeline for stand down will expire this week, it has triggered some decisions about the way forward.”

UNION UPSET
The Union, on the other hand, believes that in lieu of giving it one month’s notice, ‘Troy’ would have to pay employees one month’s salary, in addition to their severance pay-out.
“The Union wrote them earlier this month asking to meet for discussions. There’s nothing that is surprising to the Union; we were conscious that the next move that they would’ve come with would’ve been to pay severance,” GTUC’s Lincoln Lewis said, adding:
“The termination of employment and severance pay law says that the Union has to be given one month’s notice, and the list of names and classification of the people that would be sent home. None of that was done.”

The Termination of Employment and Severance Pay Act Section 15(1) stipulates a notice period of two weeks for employees for less than one year, and one month for employees employed one year and over when a contract of employment is being terminated. Section 16(1) further mandates that “in lieu of giving notice of termination under Section 15 (1), the employer shall pay the employee a sum equal to the remuneration and benefits due to the employee up to the expiry of any required period of notice.”

“Why we asked them to meet,” Lewis said, “it was our intention to discuss the issue of a better package. Their response was that there is nobody in the country; all the senior managers were out, and nobody wasin the country to meet with the Union. But the next day, the same management met with Minister Ally.”

He said the Union will be writing both the company and the Department of Labour today, and is willing to take the matter as far as the courts if the need arises.

Guyana’s Termination of Employment and Severance Pay Act 14(1) gives employers the option to lay off employees for a period not exceeding six weeks. A decision on the way forward for the company had been expected following a meeting between the executives and their Australian principals last Sunday night. Notwithstanding reportedly outperforming its September gold production target by 1395 ounces, and plans to start mining of a small test pit at Ohio Creek, the company said it was hard hit since operations were suspended.