Justice of Appeal Dawn Gregory on Monday denied the Government’s application to stay a ruling that ordered the repayment of deductions made from the salaries of striking Linden nurses in 2021.
The ruling in question, delivered by Justice Nareshwar Harnanan in November last year, declared that the salary deductions were illegal and ordered that the payments be made by December 31, 2023.Despite the court’s order, the state failed to comply and subsequently sought to appeal the judgment, requesting a stay on repaying the monies until the appeal is heard.
The government, represented by Solicitor General Nigel Hawke, argued that the deductions were justified under the Essential Services (Arbitration) Act, as the affected employees were nurses classified as essential workers. Hawke contended that granting the stay was necessary to uphold the legislature’s intention regarding essential services.
The Guyana Public Service Union (GPSU), representing the nurses, argued that the deductions were imposed without notice or an opportunity for the employees to defend themselves. In some cases, the deductions were applied for periods dating back to 2019.
Justice Gregory, in her in-chambers ruling, found that the deductions were made without affording the nurses due process and noted that the Essential Services Act had not been conclusively established as applicable. She further stated that if the state’s appeal were successful, the government would have the opportunity to recover the funds. Gregory also ordered the state to pay $100,000 in legal costs.
Justice Harnanan’s original ruling deemed the deductions for “alleged breach of public service rules” as unlawful, ordering their repayment by the end of 2023. The case stems from protest action taken by nurses at the Linden Hospital Complex in March 2021, following derogatory remarks made by then-CEO Rudolph Small.
The GPSU initiated legal proceedings after deductions were made from nurses’ salaries for absenteeism and unpunctuality, arguing that the Ministry of Health’s actions were illegal.
Despite an apology from Small and an initial decision to dismiss him, the Ministry of Health rescinded his termination, while the nurses and the GPSU remained firm in their call for his removal.
