Acting Chief Justice Roxane George-Wiltshire SC has ordered former Chief Executive Officer (CEO), Linden Hospital Complex, Mr. Rudy Small to pay $20 million for damages to nurses of the hospital. The ruling, handed down in January, has its genesis in derogatory comments made in February 2021 by Small, the then CEO, against the female nurses of Hospital Complex during an interview with a reporter.
During the interview, the embattled former CEO announced that he was in receipt of information that the nurses of that Hospital, while on the night shift would report for duty, sign their time of arrival in the time-book, and then abandon their work duty to go and have sexual intercourse with their “sweet-man” around the community. Compounded by additional allegations of misogynistic conducts on the part of Small, protests ensued at the Hospital, demanding Small’s removal from the Health Care facility.
Upon the intervention of the Guyana Public Service Union (GPSU), the Permanent Secretary in the Ministry of Health transferred Small from the position of CEO, LHC to the Ministry of Health. The decision to transfer Small was reversed hours later, and what purported to be an apology was released on Small’s behalf. In fact, the statement released merely stated that Small had not intended for his comments to be made public, but he never denied the damning and disrespectful statements made about the Nurses.
At a Press Conference on March 3, 2021, Ms. Dawn Gardener, First Vice President of the GPSU rejected that apology, noting that “We strongly condemn him being reinstated to the post of CEO. We are not going to accept that, and we are still calling for him to be removed,” the GPSU Vice President stated- Guyana Chronicle, March 4, 2021. Following the decision to rescind the transfer, industrial actions continued against Small, who then dismissed 27 healthcare workers who were among his strongest critics.
The Union intervened and legal actions were soon instituted by the Union on behalf of the female employees of the Hospital in relation to the defamatory statements made by Rudolph Small. In the proceedings, the Nurses, through their representative Jennifer Melville-Nelson, contended that Small’s statements were defamatory, untrue, and calculated to bring them into disrepute in the eyes of well thinking citizens.
On January 24, 2024, acting Chief Justice Roxane George, in a class action suit brought by the Guyana Public Service Union, through its Third Vice President Jenniffier Melville Nelson, against Small (Jennifier Melville- Nelson–v- Rudolph Small et anor SOC-20/2022 ) made the following findings and Orders:
- That the statements made by Mr. Rudolph Small were in fact defamatory, and he was liable for the said statements.
- That Rudolph Small is to publish an unequivocal letter of apology to the Nurses, in two national newspapers and on the social media platform-Facebook on or before February 16, 2024.
- That Rudolph Small is to pay damages in the amount of $20 million GYD, together with Court Costs in the sum of $500,000.
- If Rudolph Small fails to issue the apology as directed, an additional sum of $20 million GYD is to be paid by way of further damages.
On November 25, 2023, the GPSU in its Message on the occasion of the International Day for the Elimination of Violence against Women, noted that the protection of women and the girl child is important for the sustenance of a healthy workforce, and a vibrant Trade Union Movement.
The GPSU has also called upon the Guyana Press Association (GPA) to join with them in urging the Government of Guyana to speedily ratify and incorporate International Labour Organisation (ILO) Convention 190, and to implement its Recommendation 206 addressing the issue of elimination of violence and harassment in the World of Work. This request to the GPA is in support of the Union’s previous call on both President Granger during the year 2019, and President Ali during the year 2022 to ratify the said ILO Convention 190.
The Union reminds us that we live in a society where there remains a culture of harming women, and oftentimes ‘feminicide’ (supported by State actors, including law enforcement, for misogynistic behaviour). It is time that we raise our voices, and ask questions of our leaders as to how much time and resources they are investing in eradicating this scourge from society.
GPSU said it remains committed to protecting women and the girl child, and promises to always keep the Union’s doors open, and hands tied in solidarity with women across Guyana. “We will continue to strive to ensure that there are adequate and quality facilities that are available to women to provide much needed dependent care, other resources and considerations, while they pursue upward mobility and assume a stronger presence of leadership throughout Guyana.”
