Unlawful Strike Action
- The strike action taken by GTAWU lacks any legal basis under settled law and industrial relations practices, especially in relation to essential services.
- In one instance, the matter was raised by the GTAWU. After seeking a legal opinion, the Company responded formally.
- The GTAWU shop stewards again raised the issue and included another former temporary employee at a routine meeting with the Company on 3 September and indicated it would want some further discussion about the issue. The Company received correspondence on 5 September regarding their concerns. The Union then called employees to an unauthorised meeting on the morning of Monday, 9 September. Employees have not returned to work since then.
- The established grievance procedure was not followed. Importantly, the procedure requires both parties to engage in discourse and then refer the dispute to the Ministry of Labour if no agreement can be reached. Further, Article 30 of the Collective Bargaining Agreement between the Company and GTAWU states that there should be no unlawful strike.
Background on Temporary Employment
- Due to the nature of its operations, Grenlec sometimes employs temporary workers where short-term coverage is needed for permanent positions.
- There is insufficient workload to justify full-time positions in certain areas.
Temporary Employees
No continuous employment for six months. The temporary contract ended on the date communicated to the individual in a letter from the Company at the point of engagement.
Legal Compliance
Grenlec is not obligated under the Collective Labour Agreement or Employment Act to recall these individuals and appoint them as permanent employees as they do not meet the criteria of continuous employment for six months.
Impact on Service
- The Company finds it regrettable that the timing of this action is delaying service delivery.
- The Company urges employees to return to work to ensure continued service delivery.
Grenlec remains committed to ongoing dialogue with the Union and shop stewards.