Chief Justice (a.g.), Roxanne George-Wiltshire yesterday (November 21) approved a garnishment order in favour of the GAWU regarding outstanding severance payments to the cane cutters of Wales Estate. Through the order, the Demerara Bank has been mandated to withdraw from the Corporation’s account and to turn over to the Union some $7.5M plus four (4) per cent interest from December 07, last year until the debt is settled. The Union which was represented by Devindra Kissoon and Natasha Vieira of London House Chambers sought the order to offset outstanding severance payments which were withheld to 107 cane cutters of Wales Estate.
The workers in question, reluctantly, took up work at Uivlugt Estate following the closure of Wales at the end of 2016. The workers and the Union had contended that the demand by the GuySuCo for the workers to take up work at Uitvlugt was contrary to the Termination of Employment and Severance Pay Act (TESPA). That act obligates an employer to provide severance if they are unable to provide similar work to redundant workers within a 10 mile radius. Uitvlugt is some 22 miles away from Wales and thus the section of the Act ought to have been applied. The Corporation, despite the unambiguity, refused to honour the workers’ rights. That situation forced the Union to initiate legal proceedings in March, 2017 and the Courts ruled in the workers favour in December, 2018.
Regarding those workers who worked at Uitvlugt, the Court ordered that the workers be paid their severance pay as well as one month’s pay in lieu of notice. The state-owned sugar company, however, only abided with the severance pay aspect of the order. Attempts by the GAWU to have the GuySuCo fully comply with the order were greeted with negative responses. This prompted another legal showdown with the GAWU seeking an order to retrieve the outstanding monies. Following submissions from the Union and the GuySuCo, the Chief Justice must have recognised the obvious injustice to the workers and approved the order the Union was seeking through its attorneys.
The GAWU while hopeful that the Corporation will abide by this latest order is saddened, at the same time, to know that what we considered a simple, straight-forward, matter has had to endure such legal gymnastics. It is yet another reminder of the lengths workers and their organisations must traverse and obstacles they must overcome to have their lawful rights respected.
