Black Immigrant Daily News

By: Feona Morrison

The Guyana Public Service Union (GPSU) has, in the Demerara High Court, instituted legal proceedings against the Government over what it terms a “unilateral” seven per cent salary increase that was announced last year for public servants.

By way of a Fixed Date Application (FDA) against the Attorney General and Permanent Secretary of the Public Service Ministry (the defendants), the GPSU is asking the court to declare that, in the absence of consultation between the Government and the Union, the salary increase is contrary to the provisions of the Trade Union Recognition Act, and is therefore unlawful.

Among other things, the GPSU is asking the court to order the defendants to enter into meaningful negotiations with the Union, in accordance with the relevant laws. It is claiming damages of over $2 million against the defendants for breach of the terms, conditions and procedures set out in the Memorandum of Agreement between the Union and the Public Service Ministry for the Avoidance and Settlement of Disputes, as contained in Appendix Q1 of the Public Service Rules 1987 and the Memorandum of Agreement between the Union, the Federated Union of Government Employees, and the Public Service Ministry’s Terms of Resumption of Work, dated June 23, 1999; and for oppressive conduct.

In a letter dated September 1, 2020, the GPSU said it wrote to the Public Service Ministry’s Permanent Secretary, requesting the commencement of negotiations in respect of salaries, wages and allowances for the year 2020. In the correspondence, it requested that the matter be treated urgently in order to avoid a unilateral end-of-year imposition without the necessary consultation, and it enclosed its proposals within that correspondence.

According to the GPSU, a meeting was convened on November 4, 2020, led by Public Service Minister Sonia Parag, at which no decision was made, as the Minister declared that she had not been mandated to enter into these discussions with the Union.

With no further response having been received and no further meeting having been convened, the GPSU said, by letter dated December 14, 2020, it wrote to President Dr Irfaan Ali, bringing to his attention that despite its request, no meeting or conference had been convened, as contemplated by the Collective Labour Agreements in force.

Because no declaration was made by the Government in December 2020 in respect to increases in wages, salaries, and allowances for persons employed in the Public Service, the GPSU submitted, it again wrote to the Permanent Secretary – this time on March 11, 2021 – requesting that a meeting be convened urgently to begin negotiations for wages, salaries and allowances for the years 2020 and 2021.

The GPSU submitted that on November 18, 2021, without any meeting or conference having been convened between the Union and the defendants, Finance Minister Dr. Ashni Singh, in an address to the public, announced that the Government had decided to award a seven per cent increase to Public Servants, retroactive to January 1, 2021.

The Union has complained that, as at the date of the filing of the FDA, the Government has failed and/or refused to meet with it to discuss and negotiate the wages, salaries, and allowances of Public Servants, as is expressly contemplated by the relevant Collective Labour Agreements and the Trade Union Recognition Act, Chapter 98:07.

The GPSU, which represents thousands of Public Servants, argues that pursuant to Article 149C of the Constitution of Guyana, in its capacity as the recognised representative of employees in the Public Service, it is entitled to be involved in the decision-making process of the State in relation to all matters concerning increases in wages and salaries.

The union is contending that the defendants “unilaterally determined, declared and imposed the seven per cent increase in wages, salaries and allowances” without consultation and negotiation with the union, in contravention of the express provisions of the Memorandum of Agreement between the Guyana Public Service Union and the Public Service Ministry for the Avoidance and Settlement of Disputes.

The defendants’ failure to convene meetings or conferences to facilitate the discussion and negotiation of issues touching and concerning the terms and conditions of employment of employees in the Public Service with specific reference to wages, salaries, and allowances is in contravention of the collective labour agreements, and is in breach of the International Labour Organization, the GPSU further contends.

Moreover, the GPSU has submitted that it will contend that the conduct of the Government is “oppressive and amounts to an act of interference or circumvention” to the extent that the continued unilateral actions may lead, and have led, to the appearance and belief that the Union cannot, and does not, represent the interests of Public Servants.

Besides damages, the Union has submitted that it is also entitled to costs against the defendants. The GPSU has appointed Mandisa Breedy as its Attorney-at-Law.

To improve the standard of living of Guyanese, the Government, in November 2021, announced a seven per cent increase in wages and salaries for all categories of Public Servants. Minister Parag had informed that over 20,000 workers would benefit from the pay hike.

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HOBART, Australia (AP) — Opener Paul Stirling steered Ireland to an upset nine-wicket win over the West Indies on Friday, knocking the two-time champions out of the Twenty20 World Cup in the preliminary phase and earning his team a spot in the Super 12s.

Zimbabwe beat Scotland by five wickets and qualified for the Super 12s for the first time after finishing top of Group B with a better net run rate than Ireland.

Zimbabwe will join India, Pakistan, South Africa, Bangladesh and the Netherlands in Group 2. Ireland will be in a potentially tougher Group 1 with defending champion Australia, England, New Zealand, Afghanistan and Sri Lanka.

Stirling had been struggling with the bat but returned to form with a composed 66 from 48 balls to help Ireland reach 150-1 in reply to the West Indies’ total of 146-5, reaching the victory target with 15 balls to spare.

He and skipper Andy Balbirnie (37) put on 73 from 45 deliveries to get the run chase away to a positive start and then he combined in an unbroken partnership of 77 with Lorcan Tucker, who capped an unbeaten 45 by hitting the winning boundary.

Ireland missed out on a spot in the second round at the 2021 World Cup and started this edition with a loss to Zimbabwe.

The Irish were struggling in their second game against Scotland, too, before rallying to win by six weeks and take some momentum into the winner-takes-all contest against the West Indies. Now they’re back in the second round for the first time since 2009.

“Losing the first game and then coming back and beating a two-time champion in a must-win game … couldn’t be prouder,” Balbirnie said. “Pretty emotional finish to the game, just delighted with the group. Really proud day to be Irish.”

Ireland Spinner Gareth Delany took career-best T20 international figures of 3-16 in a tight, economical spell that frustrated the big-hitting West Indies batters.

“It’s a dream come true,” Delany said. “Incredible day for us. To get over the line, in the fashion that we did, is amazing.”

West Indies skipper Nicholas Pooran said his team didn’t make the most of the ideal conditions after winning he toss and batting. Brandon King’s 62 from 48 balls was the only standout innings in the last game of what was a a disappointing tournament for the West Indies, who opened with an upset loss to Scotland before rebounding to beat Zimbabwe.

“We haven’t batted well in this tournament at all,” Pooran said. “On a really good batting surface, making 145, to ask the bowlers to defend that was always going to be a challenge.

“We have disappointed our fans back home. Most importantly, we’ve disappointed ourselves.”

The West Indies are the only team to win the world T20 title twice. Defending champion Australia will be aiming to amend that statistic and starts the Super 12 stage against New Zealand on Saturday.

Scotland chose to bat first but was restrained by Zimbabwe’s pace and spin to 132-6. Tendai Chatara returned impressive figures of 2-14 and off-spinner Sikandar Raza (1-20) didn’t concede a boundary in his four overs in the middle of the innings.

Opening batter George Munsey made a hard-fought 54 off 51 balls with seven boundaries. He holed out at deep backward square leg in the 17th over in a return spell for Richard Ngarava (2-28).

Captain Craig Ervine (58) and Raza (40) anchored Zimbabwe to 133-5 in reply with nine balls to spare. Scotland struck within the first two overs and had reduced Zimbabwe to 7-2 but Ervine and Raza batted resolutely before both fell late in the chase.

Raza was caught behind against the bowling of Josh Davey (2-16) and Ervine chipped an easy catch at long off with Zimbabwe still needing 14 more runs.

Ryan Burl, however, raised the victory in style with a boundary over mid on against Safyaan Sharif as Zimbabwe sealed its place in the Super 12s.

“I don’t think anyone could explain what it means,” Ervine said. “We’ve had the whole country behind us. The cricket we’ve played coming into the tournament has been special.”

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Law Association president Sophia Chote, SC. –

CHASTISED for its “deafening silence” on the collapse of the prosecution of former attorney general Anand Ramlogan, SC, and ex-UNC senator Gerald Ramdeen, the executive council of the Law Association (LATT) was locked in discussions on the issue up to late Thursday night.

LATT’s council met in session from 4 pm and just after 8 pm, president of the association, Sophia Chote, SC, told Newsday the council met for several hours of discussions and was in the process of preparing a release.

She said the release will be available on Friday.

The association came under heavy fire this week for not speaking out on the collapse of the case although several other groups of attorneys and senior attorneys have publicly expressed their outrage over the affair.

LATT’s meeting came ten days after Director of Public Prosecutions Roger Gaspard, SC, made the shocking announcement that the State could not proceed with the case against Ramlogan and Ramdeen because its main witness, convicted King’s Counsel Vincent Nelson, was refusing to testify, for now.

In announcing the decision to discontinue the corruption case, on October 10, Gaspard, SC, said Nelson was not willing to give evidence in that matter until his civil claim for an alleged breach of an indemnity agreement with Government for his testimony came to an end.

Vincent Nelson, KC. –

Nelson, 64, is now suing the State for over $96 million for: loss of earnings after being expelled from a prestigious UK firm; loss of insurance benefits; the $2.5 million fine he was ordered to pay when he pleaded guilty; and additional sums if the UK authorities make demands on him for alleged unpaid taxes.

He claims the Government reneged on the conditions of the indemnity agreement. His claim was filed in January, and is expected to come up for hearing in December, although he has since asked the court to unseal it since he said he never gave instructions to his former attorneys to have it sealed.

In a statement on Wednesday, signed by CBA president Israel Khan, SC, the association said accused LATT of its “decided refusal” to act in accordance with its mandate under section 5 of the Legal Profession Act and its responsibility to citizens.

The CBA called on the council to issue comprehensive statement to “help shape the national discourse on this important issue.”

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File photo: Police officers at Library Corner, San Fernando.

THREE people were shot in a drive-by shooting near Library Corner, San Fernando on Thursday night.

One person is in critical condition at hospital while the other two people are listed in stable condition.

Police reports said the incident happened around 10.35 pm. The victims were taken to the nearby San Fernando General Hospital in a police vehicle.

Trent Rampersad, 22, of London Street, San Fernando, is in critical condition. Chelsea Seetahal, 26, and Marquise Ifill, 21, are in stable condition.

Seetahal and Ifill live at London Street and Victoria Street in San Fernando respectively.

Police investigations are ongoing.

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Reflecting on the life and legacy of Former President Mrs Janet Jagan, President Dr Irfaan Ali declared that people were the centre of everything she did throughout her political career during which he said she was a champion of the working class in Guyana.

The Head of State was at the time delivering remarks on Thursday evening at an event hosted by the Cheddi Jagan Research Centre to celebrate the ‘Life and Work of Former President Mrs Janet Jagan, O.E. and her contributions to the return of democracy to Guyana.’ The night of reflection was held to commemorate her 102nd birth anniversary.

During his address, President Ali posited that Janet Jagan’s name is forever embedded in the history of Guyana and her contributions to this country cannot be erased. Describing her as a phenomenal woman, he recalled that she was a bastion in the fight for the restoration of democracy, a champion of the working class, and one of Guyana’s foremost advocates for women’s rights and freedoms.

In fact, the Head of State said people were one of the most foundational pillars for what Janet Jagan stood for.

“She believed that people were: one, the output – whatever she was doing, the output must be the betterment of people. And whatever she was approaching to do, the input was people because she mobilised people to help her to achieve the output. So, people were the centre of everything she did,” he stated.

According to Ali, the People’s Progressive Party (PPP) – which was founded by her husband, Dr Cheddi Jagan – is still to this day committed to ideals that Mrs Jagan devoted her life to including equality for women and improvement of the working class.

“Janet Jagan was a constant and consistent agitator for women’s rights. One year after arriving in Guyana, she took up the challenge in support of women’s rights. The Political Affairs Committee and the Women’s Political and Economic Organisation, which she founded, led strident and sustained agitation for universal adult suffrage and for women’s rights and empowerment,” he noted.

President Ali added that Mrs Jagan was far ahead of time in her fight for justice and empowerment of women. He said she was not only looking to impose women’s right to vote but empowering women politically.

Against this backdrop, she helped pilot and support legislation that secured betterment for women. In fact, during her tenure as Minister with responsibility for Health, Labour and Housing, she promulgated legislation that reduced the hours of work for store workers, most of whom were women, and extended protection for domestics in the face of difficulties from landlordism and poor living conditions, and established housing for working-class families.

“Janet Jagan expanded our understanding of women’s rights. She saw women’s rights as going beyond something that is enacted in law and the Constitution. For her women’s rights were not paper rights, but must have social and economic dimensions,” he stated.

The Guyanese Leader further noted that many of the issues that Mrs Jagan fought for back then are still relevant in today’s societies and fundamental to the advancement of women, and extension, the development of society.

“This is a philosophy which guides us, our party and our government. We are committed wholeheartedly to ensuring not just the political rights, but social and economic rights of women and to especially ensuring that they receive equal treatment,” the President asserted.

Moreover, Ali stated that Mrs Jagan was not only part of Guyana’s historic struggle for independence but was a political vanguard in the country’s epic campaign for the restoration of democracy. In fact, Ali said politics was a practice for Mrs Jagan, who was the first female President (December 1997 to August 1999) and Prime Minister (March 1997 to December 1997) to serve in Guyana to date.

“She was no book politician. She believed and insisted on going out into the communities to meet, listen, learn and organise. This experience allowed her to have a firsthand grasp and understanding of the struggles of ordinary people. When she spoke, whether it was in the legislature or party meetings, she spoke from experience. She understood the reality on the ground, and she identified with the suffering of the working class.”

“Her approach to politics was a practical approach. She was the unfaltering champion of the working class. While her commitment to the working class may have been influenced by her ideological stance, no one could dispute that first and foremost, she was a profound humanitarian… She was always willing to help ordinary people and to right whatever wrongs they have suffered. She was a fervent defender of the poor and powerless. Janet Jagan worked relentlessly to improve their well-being. It was through her exertions that the party was able to build the party’s support base at the grassroots. She was one of the ablest party organisers. Her ability to connect with ordinary citizens endeared the public to her and to the PPP,” the President declared.

Mrs Jagan, an American-born, died in March 2009 – almost a decade after she stepped down from office, which she took over following the death of her husband in March 1999, because of her ill health.

Also present at Thursday’s celebration were several senior PPP members including Governance and Parliamentary Affairs Minister Gail Teixeira, Head of PPP’s Women’s Arm Indra Chanderpaul, former President Donald Ramotar, former PPP General Secretary Clement Rohee and former PPP Member Ralph Ramkarran, among others.

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