Friday, August 21, 2026
Village Voice News
ADVERTISEMENT
  • Home
  • News
  • Sports
  • Editorial
  • Letters
  • Global
  • Columns
    • Eye On Guyana
    • Hindsight
    • Lincoln Lewis Speaks
    • Future Notes
    • Blackout
    • From The Desk of Roysdale Forde SC
    • Diplomatic Speak
    • Mark’s Take
    • In the village
    • Mind Your Business
    • Bad & Bold
    • The Voice of Labour
    • The Herbal Section
    • Politics 101 with Dr. David Hinds
    • Talking Dollars & Making Sense
    • Book Review 
  • Education & Technology
  • E-Paper
  • Contact Us
No Result
View All Result
  • Home
  • News
  • Sports
  • Editorial
  • Letters
  • Global
  • Columns
    • Eye On Guyana
    • Hindsight
    • Lincoln Lewis Speaks
    • Future Notes
    • Blackout
    • From The Desk of Roysdale Forde SC
    • Diplomatic Speak
    • Mark’s Take
    • In the village
    • Mind Your Business
    • Bad & Bold
    • The Voice of Labour
    • The Herbal Section
    • Politics 101 with Dr. David Hinds
    • Talking Dollars & Making Sense
    • Book Review 
  • Education & Technology
  • E-Paper
  • Contact Us
No Result
View All Result
Village Voice News
No Result
View All Result
Home News

Constitutional Court delivers landmark ruling on trade union recognition, certification

Admin by Admin
October 8, 2024
in News
From left -Justice Fidela Corbin-Lincoln, attorneys Roysdale Forde SC, Pauline Chase

From left -Justice Fidela Corbin-Lincoln, attorneys Roysdale Forde SC, Pauline Chase

0
SHARES
0
VIEWS
Share on FacebookShare on Twitter

By Mark DaCosta- In a landmark ruling dated October 7, 2024, the legal landscape of trade union recognition in our nation has significantly shifted. The court’s decision revolves around the case involving the Union of Agricultural and Allied Workers (UAAW) alongside Carl Lynch, challenging the legitimacy of actions taken by the Trade Union Recognition and Certification Board concerning union certification processes. The UAAW was represented by Attorney-at-Law Roysdale Forde S.C.

The ruling primarily addresses whether Carl Lynch, as a Trustee, possessed the standing to initiate the claim. The court affirmed Lynch’s authority to act on behalf of the Union, rejecting the assertion by the Board that his lack of evident registration undermined his claims. The court clarifies that the provisions of the Trade Unions Act do not impose a mandatory registration requirement for trustees to initiate proceedings. Instead, it confirmed that Lynch, through his trustee role, duly represented the interests of the Union and had the right to bring forth the action.

READ ALSO

Linden Paid the Price—14 Years Later, Where Are the Promised Benefits?

Demerara Revolt: Solomon Blasts Government for Ignoring Historic Fight for Freedom

An equally critical issue at stake was the Board’s adherence to Section 19 of the Trade Union Recognition Act (TURA). The court examined whether the Board failed to consider the perspectives of all registered trade unions when deliberating on applications for certification of recognition.

The Act distinctly defines a “trade union” and outlines the recognition of unions in terms of majority support. The ruling established that both the applicant and the claimant unions should be consulted in the Board’s deliberations, particularly concerning the proposal for a bargaining unit.

The court found that the Board had neglected this procedural duty, as it failed to duly regard the views of the Union represented by Lynch when assessing the appropriateness of the bargaining unit proposed by another union — a significant oversight that amounts to a procedural irregularity. In delivering its ruling, the court noted that the integrity of the process mandates lawful adherence to statutory provisions when determining the bargaining unit’s appropriateness.

Justice Fidela Corbin- Lincoln, sitting in the Constitutional and Administrative Division of the Court, reiterated precedents in previous cases where failure to comply with statutory requirements resulted in invalidations of decisions made by governing bodies. This ruling aligns with longstanding judicial principles that highlight the necessity of fulfilling procedural obligations in administrative matters that can heavily impact involved stakeholders.

Furthermore, the court reviewed the Board’s obligation to conduct surveys to ascertain union support. Section 21 of TURA mandates that the Board must satisfy itself through surveys — deemed to be a responsibility of the Board rather than of the competing unions. This decision reinforces the necessity for transparency and accuracy regarding surveys and the corresponding data employed in decisions affecting unionual status.

The matter of access to information surrounding survey results also captured the court’s attention. The ruling established that the Applicant is entitled to pertinent information used in conducting surveys. The court emphasised that parties with legitimate interests must receive results pertaining to surveys that could profoundly affect their union status.

In light of the findings, the court declared the Board’s previous certification of the Guyana Agricultural and General Workers Union (GAWU) as “ultra vires,” leading to the annulment of their application and the accompanying survey results. This verdict comes amidst a heightened demand for effective governance and fairness in trade union representation within our nation.

This judgment is a pivotal moment for unions in our land, signalling a firm stance on the importance of due process and procedural integrity in trade union recognitions. It calls on the Trade Union Recognition and Certification Board to exercise its duties with diligence, ensuring all voices are considered as our nation’s workforce seeks equitable representation.

Leading legal advocate Roysdale Forde has been a vocal supporter of workers’ rights and legal transparency, championing the critical role of unions in safeguarding the interests of workers. His advocacy remains pivotal as this ruling paves the way for future challenges and affirmations of justice in the realm of workers’ rights and trade union dealings.

In reference to Senior Counsel Forde’s advocacy role in this and other legal matters involving workers and their representatives, General Secretary of the Guyana Trades Union Congress (GTUC) Lincoln Lewis said, “Workers in this country owe a great debt to Mr. Forde; unions owe a great debt to Mr. Forde for all the work he does on behalf of working people.”

As the dust settles on this considerable ruling, all eyes will be on the implementation of its directives and the future of union recognition procedures within our ever-evolving labour landscape.

ShareTweetSendShareSend

Related Posts

L-R Then Region 10 Regional Chairman Sharma Solomon and then Prime  Minister Sam Hinds signing the Agreement- August 21, 2012
News

Linden Paid the Price—14 Years Later, Where Are the Promised Benefits?

by Admin
August 21, 2026

Fourteen years after the people of Linden staged a 33-day protest that forced the Government to reverse a controversial electricity...

Read moreDetails
Sharma Solomon MP (APNU)
News

Demerara Revolt: Solomon Blasts Government for Ignoring Historic Fight for Freedom

by Admin
August 21, 2026

More than two centuries after thousands of enslaved Africans rose against the brutal plantation system in Demerara, the legacy of...

Read moreDetails
News

GRSI Makes Aviation History, Opens New Lifeline to Guyana’s Hinterland

by Admin
August 21, 2026

A new chapter has opened in Guyana’s aviation history with Guyana Rotorcraft Services Inc. (GRSI) becoming the first domestic aviation...

Read moreDetails
Next Post
CNN  photo

Wedding debacle sparks online debate on bride-price practice


EDITOR'S PICK

GHK Lall

America: Jim Crow back in the business

May 6, 2026

Word of the Day: Sanguine

September 8, 2025

Washington Conference hears of discrimination in Guyana, businessman Dorian Bess’ story highlighted

September 29, 2023
U.S. Vice President Kamala Harris arrives at Cape Coast Castle in Ghana, Tuesday March 28, 2023. This castle was one of around 40 “slave castles” that served as prisons and embarkation points for slaves en route to the Americas. Harris is on a seven-day African visit that will also take her to Tanzania and Zambia. (AP Photo/Misper Apawu)

Harris launches US$1B fund to empower women during Ghana visit

March 31, 2023

© 2024 Village Voice

No Result
View All Result
  • Home
  • News
  • Sports
  • Editorial
  • Letters
  • Global
  • Columns
    • Eye On Guyana
    • Hindsight
    • Lincoln Lewis Speaks
    • Future Notes
    • Blackout
    • From The Desk of Roysdale Forde SC
    • Diplomatic Speak
    • Mark’s Take
    • In the village
    • Mind Your Business
    • Bad & Bold
    • The Voice of Labour
    • The Herbal Section
    • Politics 101 with Dr. David Hinds
    • Talking Dollars & Making Sense
    • Book Review 
  • Education & Technology
  • E-Paper
  • Contact Us

© 2024 Village Voice