The Guyana Public Service Union (GPSU) is once again free to engage the management of the Georgetown Public Hospital Corporation (GPHC) on behalf of its members, after an injunction applied for by the management in February was discharged last week.
The ex-parte injunction brought by attorneys for the GPHC sought to bar the union from calling a strike among its members which it said would have resulted in disruptions to essential medical service.
The injunction was granted by Chief Justice Carl Singh on an application by Attorney-General Doodnauth Singh in association with attorney Bhairo Persaud on February 10. It sought to restrain the union on the grounds that it was in breach of established industrial relations practices in the collective labour agreement and the provisions of the Public Utilities and Public Health Services Undertaking Act.
However a signed order of the court to GPSU’s attorney, Benjamin Gibson on May 8, said that leave was requested and granted to withdraw and discontinue the court action in its entirety after the hearing of arguments by attorneys for both the plaintiff and the defendant.
This was preceded by an affidavit on behalf of both the GPHC filed on February 6 and one in answer on behalf of the GPSU President Patrick Yarde filed on March 11.
Gibson in his affidavit in reply highlighted the fact that the matter involving the parties was that of a trade dispute as was indicated by the plaintiff’s application and it should not have been entertained by the court as it breached a constitutional right.
The attorney cited Section 7 of the Trade Union Act 98:03 which says that “an action against a trade union whether of workmen or masters or against any members or officers of the union in respect of any tortuous act alleged to have been committed by or behalf of that union shall not be brought in any court.”
GPSU President Yarde told Stabroek News on Monday that the union was now cleared to proceed with its normal affairs on behalf of its members at the hospital while lamenting the fact that the court had been used to attempt to block industrial practices.
Yarde also used the opportunity to express his approval of recent remarks by Chancellor of the Judiciary, Desiree Bernard with relation to firmer action by the courts in relation to issues of contempt of court.
The GPHC High Court action stemmed from a threat by the GPSU to resort to strike action following the reinstatement of the hospital’s Finance Director Mohamed Karimullah against whom allegations had been made by union members.
Karimullah was relieved of his duties following industrial action by staff of the hospital’s finance department on January 15 after a correspondence on January 8 made several allegations against him.
An internal probe subsequently cleared Karimullah of any wrongdoing and recommended among other things his reinstatement, leading to the union claiming that the management had breached terms of resumption signed between the parties and the Ministry of Labour.