The Union pursued the legality of the Government’s decision to close estates up to the level of the Caribbean Court of Justice (CCJ). The Court, in its ruling, disagreed with our representations regarding the adequacy of consultations on the estate closures, the Honourable Justices pointed out that the Government and GuySuCo just met the “…minimum requirements of meaningful consultations …”. Indeed this says a lot especially when one considers the gravity of the closure decisions.
The CCJ concluded that “[i]n a matter of such national importance impacting such large number of workers the process could have been more extensive and more responsive to the concerns of the Applicants [GAWU and NAACIE]”. The Justices opined that “[n]otwithstading the absence of a statutory obligation the Respondents ought to have given a considered response (whether written or oral) to the GAWU’s proposals explaining why they were not adopted”. Of course, the GAWU contends that such explanation would have been unconvincing recognizing that several of the Union’s proposals have been adopted by GuySuCo towards making the industry viable. The Court also felt that the Government and GuySuCo should have engaged the Unions regarding its plans for alternative employment for the now jobless workers. On this score, the GAWU doesn’t believe they are any such plans given the reality we have seen.
The Justices also determined that “…there was a legitimate expectation that the Applicants would have been consulted prior to the closure of the sugar Estates both because of longstanding GuySuCo policies and the specific promises by Vice President Ramjattan and Minister of State Harmon…” . Of great importance to us is the CCJ’s elucidation out of the consultation process. Here the Justices said there should be consultation when the proposals are still at a formative stage; there should be adequate information on which to respond; there ought to be adequate time in which to respond; and there must be conscientious consideration by an authority to the consultation. Notably several pieces of legislation require consultative engagements and thus we believe the setting out of the aforementioned parameters by the CCJ is both useful and timely.
We were also heartened to note that the CCJ recognised that “[t]he sugar industry has undoubtedly played a large part in the socio-economic development of Guyana. Thus, its future was an issue of national importance and required vigorous discussions with all stakeholders before an informed decision could be made. In this regard, the Respondents could have engaged with the Applicants on a deeper level…”. This is a stain of notoriety that further demonstrates the Administration’s lack of concern.
While ultimately the verdict was not the one we would have preferred, the CCJ judgement, in our view, addressed several important and critical issues. The scope of the matters addressed goes to justify that our move to the Judiciary was a step in the right direction. The GAWU remains proud of its actions to defend and protect the workers. Our commitment is unwavering and our dedication unquestionable. The consequences of closure sadly will linger on but the legacy of the CCJ judgment will serve all Guyana well now and in the future as well.
