— labour consultant points to Essential Services Act
– AG describes ‘politically-instigated’ nurses’ strikes as inhumane

THE Essential Services Act under which nurses and frontline worker fall requires the limitation of industrial action and prohibits strikes and lockouts unless certain procedures are followed in trade disputes.

This is according to Labour Management Consultant, Samuel Goolsarran, who in a letter to the press, pointed out that trade disputes in any essential service are to be reported to the minister by any of the relevant employers’ organisation, employer or trade union on behalf of workers who are parties to the dispute.

“The dispute may also be reported to the minister by any other organisation not directly involved in negotiations in which the dispute exists or was apprehended,” he said.

His comments came in wake of a threat by Guyana Public Service Union (GPSU) President, Patrick Yarde, that frontline workers will go on a countrywide strike if they are not properly remunerated.

Yarde, on Thursday, said the union is looking for a “positive response” from the minister by October 6 if not it will begin to mobilise and support countrywide protest actions.
“Unless these concerns are addressed the union will not only support the nurses protest action but will work towards it being intensified,” Yarde had stated.
The commencement of the nurses’ protest, according to Yarde, was based on the frustration Guyana’s frontline workers have faced for several years. He added that the issue being raised and the protest actions that followed are not in isolation, explaining that there were two past ultimatums issued on previous Health Minister, Volda Lawrence, and the CEO of the GPHC.
He claimed that following consultations with the then Coalition Government, the ultimatums were put on hold.

SERIOUS CONSEQUENCES

On Friday, Attorney-General and Legal Affairs Minister (AG), Anil Nandlall, had warned that illegal strike action by nurses and other frontline workers will have serious consequences, including the termination of services and criminal charges if it continues.
Citing the law in a letter sent to Yarde, Nandlall explained that the Essential Services Arbitration Act Chapter 54:01 provides for settlement of disputes in public utility undertakings and in certain services, and prohibits strikes and lockouts in such undertakings or services.
He explained that it is cruel and inhumane to take industrial action when the country and the world are facing a global pandemic.
“Citizens may die as a result of the GPSU’s actions,” the Attorney-General told Yarde.

After citing the laws that make the protest action illegal, Nandlall wrote: “In the circumstances, you must appreciate that you are forcing the Government to resort to certain options which the Government at this stage, would prefer to avoid. However, unless these protest actions cease immediately and the procedures outlined by the law are invoked, the Government will have no alternative but to consider certain options, including but not limited to, the institution of criminal charges, dismissal, termination of contracts of employment, suspension of the collective labour agreement with the GPSU and the suspension of the deduction of union dues for and on behalf of the union.”

He also warned that the government will not bargain under threat.

Nandlall underscored that the Public Utility Undertakings and Public Health Services Act set out procedures for the settlement of disputes with respect to essential services such as health care.

NO EVIDENCE

“From the instructions that I have received and the documents examined, there is no evidence that the procedure outlined in the Act was activated even in part, or at all, by or on behalf of frontline health workers and consequently, the protest actions which they have embarked upon …. are absolutely unlawful and illegal. Indeed, every person engaged in strike action contrary to the Act, commits a criminal offence and is liable on summary conviction to a fine or imprisonment,” the Attorney-General stated in the letter.

He said the GPSU has failed to disclose to the workers the true, legal and acceptable industrial course of action on this matter and had chosen to mislead them into committing violations of the law.

There have been sporadic protests over the past week by health workers on the frontlines of COVID-19 seeking various concessions from the authorities. Government, in the recently-presented 2020 Budget has allocated some $150 million for frontline health workers in the fight against the COVID-19 pandemic.

“We are looking at assistance in the housing programme, not only increases in salary… better working conditions, better add-on benefits… nurses with children would benefit from the cash incentive, the cash grants, they will benefit from the uniform allowance, and the removal of VAT on electricity and water,” President, Dr Irfaan Ali had recently said.

The GPSU actions have been seen as politically-motivated since the Government has only been in office from August 2, 2020 and, over the past five years, their demands were never honoured by the APNU+AFC Government.