Public Service Union moves to High Court to nullify “unilateral” 7% pay hike

The seven per cent salary increase announced last November by the government for public servants is unilateral. This is the contention of the Guyana Public Service Union (GPSU) in legal documents filed against the government at the High Court in Georgetown.

In its action which lists the Attorney General and Permanent Secretary of the Public Service Ministry as the defendants, the GPSU, which represents thousands of public sector workers, said that the government, prior to the announcement of the pay hike, failed to engage the union in consultation as is required by the law; and therefore, the increase is unlawful.

As such, it wants the High Court to, inter alia, declare that the seven per cent increase is unlawful; order the government to enter into meaningful negotiations with the union in accordance with the applicable laws; and award over $3M in costs against the defendants for breach of an agreement between the ministry and the union and for oppressive conduct.

According to the GPSU, via a letter dated September 1, 2020, it wrote to the Permanent Secretary of the Public Service Ministry requesting the start of negotiations in respect of salaries, wages, and allowances for the year 2020. In the missive, the GPSU said it asked for the matter to be treated with urgency to avoid a unilateral year-end imposition of a salary increase.

At a meeting convened on November 4, 2020 which was led by Public Service Minister Sonia Parag, the union said that no decision was arrived at because the minister declared that she was not required to enter into these discussions with the union.

Having received no further response from the ministry, the GPSU said it wrote President Irfaan Ali, informing him that despite its request, no meeting was convened as contemplated by the Collective Labour Agreement.

Since no declaration was made by the government in December 2020 in respect of increases in wages, salaries, and allowances for persons employed in the public service, the GPSU said that it wrote the ministry’s Permanent Secretary on March 11, 2021, asking for an urgent meeting to begin negotiations for wages, salaries and allowances for 2020 and 2021.

Much to its dismay, however, the union submitted that without any meeting between the government and the union, Finance Minister Dr Ashni Singh, on November 18, 2021, announced a seven per cent increase to public servants, retroactive to January 1, 2021.

In accordance with Article 149C of the Constitution of Guyana, the GPSU submitted that in its capacity as the recognised representative of public servants, it is entitled to be involved in the decision-making process of the State in relation to matters concerning increases in wages and salaries.

It argues that the conduct of the defendants 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 it cannot and does not represent workers’ interest. The action was filed by Attorney-at-Law Mandisa Breedy.