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The Constitution of Guyana protects the right to pension but for many former workers of the Guyana Telecommunications Company/Guyana Telephone and Telegraph Company (GTC/GTT) this right remains elusive.
Last week the retired workers staged a protest at the Square of the Revolution demanding their pension be paid by the “now.” This matter is decades old and the government is not budging.
Recounting the story, one pensioner said the process to get their pension started in 1992.
On Friday March 26, 2021 the court ruled pensioners of the former Guyana Telecommunications Corporation (GTC) be paid their rightful pension and gratuity. This should have brought closure to the two-decade old struggle with the Government of Guyana to secure justice for the affected workers, but the Government has appealed the decision. At present the situation remains at a standstill awaiting the court’s decision or Government withdrawal of the appeal.
It is important to give some background to the valiant struggle waged by the Guyana Postal and Telecommunication Workers’ Union (GPTWU) on behalf of these workers.
– Prior to the divestment of the GTC in 1991 the Government, Union and GTC representatives held a series of meetings to negotiate the divestment, work out transitory arrangements, and address matters relative to the welfare of approximately 1200 employees which resulted in a Memorandum of Understanding (MOU) among the parties.
– The material terms of the MOU among other things agreed that “all employees of GTC will have continued unbroken service with GT&T” and bound the Government to pay the pension benefits of former employees of GTC through the Treasury at the time of their retirement from GT&T.
– The pension issue became contentious in the latter part of the 1990’s. Some former GTC employees who did not take the offer of twenty-two (22) months, but continued in their unbroken service with GT&T, realised the pensions they received were not calculated pursuant to Section 8 of the Pension Act, Cap.27:02. In addition, when some of the persons became eligible for pension in the 1990s, their pensions were not calculated pursuant to Section 8 of the Pension Act.
– Protracted discussions and meetings with the government, including then President Bharrat Jadgeo in 2004, the Privatisation Unit drafted an agreement articulating its interpretation of the outcome of the meeting between representatives of the Union, Privatisation Unit and President Jagdeo. The GPTWU did not agree with the terms of the Draft MOU prepared by Mr. Brassington and accordingly did not subscribe to the agreement.
– In 2011 the new executives of the GPTWU actively began pursuing the matter. Letters were dispatched in March, 2011 to President Jagdeo proposing revision of the MOU prepared by Mr. Brassington. Another letter was dispatched on May 11, 2011 to President Jagdeo requesting a meeting to discuss, with a view of resolving, the proper computation of the pensions. In August 2011 another letter was sent to President Jagdeo reminding him of the May 2011 letter. The attempts at seeking resolution failed because President Jagdeo did not honour the Union’s requests for the meeting.
– In September 2013 the Union sought an audience with then President Donald Ramotar and relayed the pensioners’ frustrations with a view to “bring a resolution to the long outstanding pension and gratuity benefits owed to the former employees of GTC by the Government.” In November 2013, the GPTWU collaborated with the Pensioners’ Association and hosted a civil society and media engagement to bring awareness to the pensioners’ plight.
– In November 2013 the Union wrote then Leader of the Opposition David Granger seeking his intervention in resolving the outstanding pension and gratuity benefits of the former employees. By letter of December 2013 the Union was notified that Mr. Basil Williams, MP and Shadow Minister of Legal Services would advise him on the matter.
– In May 2014 the Union successfully petitioned the National Assembly to seek resolution to the pensioners’ issue. By letter dated May 22, 2014, the Clerk of the National Assembly advised that the said petition was referred to a Special Select Committee at the Sitting of the National Assembly on May 21, 2014. This Committee never convened due to the then President Ramotar proroguing parliament in November 2014.
– In March 2016 the Union wrote then Minister of Finance Mr. Winston Jordan inquiring whether the increase contemplated for the pensioners in the 2016 Budget would be retroactive. Minister Jordan responded, by letter dated March 24, 2016, indicating it would not. The effect of this was to leave unresolved the issue of the pension and gratuity benefits of the former GTC employees.
– On April 18, 2016 the Union dispatched a letter to Mr. Jawahar Persaud, then Accountant General, upon advice of Minister Jordan, seeking a meeting to be apprised of the quantum of the increase to be granted the respective pensioners.
– On July 6, 2016 information provided by the Accountant General prompted the Union to further engage Minister Jordan on behalf of the affected pensioners, as the calculations of the respective pensions, among other things, were not done in compliance with Section 8 of the Pension Act.
– After no less than five subsequent letters and requests of the Government to bring closure from 2016 to 2019, the pensioners authorised the Union, by resolution dated June 18, 2019, to pursue all legal action necessary to resolve the issue of their receipt of their pensions pursuant to the Pension Act. This was done and on Friday March 26, 2021 the court ruled that the former employees of GTC be paid their rightful pension and gratuity.
All the Government of Guyana is being asked to do is show respect for the right to pension and gratuity for those so entitled, pursuant to the Pension Act. The time to act is now! Don’t let it be a case where all the pensioners pass away without getting what they are entitled to. Some of the pensioners have expressed similar sentiments.
