Judge orders that deductions from striking Linden nurses...

It said it is of the “firm belief that the injustice committed on the workers must not be prolonged to their detriment,” while going on to add; “the workers continue to suffer from the arbitrary and unlawful act committed against them.”

In his ruling, Justice Harnanan declared that the deductions made from the salaries of the nurses for “alleged breach of the public service rules relating to their absence without leave or adequate excuse was unlawful.”

The Judge then further went on to order that the deductions be repaid no later than December 31st, 2023. Costs were also awarded to the GPSU in the sum of $100,000 to have been paid by the same deadline; failing which the defendants— the AG and PS—would be held in contempt.

The Union had argued that the memorandum for “absenteeism and persistent unpunctuality” dated March 10th, 2021 issued under the hand of the PS of the Ministry of Health was “contrary to, and in breach of the Public Service Rules and therefore unlawful, illegal and a nullity.”

The Union was represented by Attorney-at-Law Mandisa Breedy.

Background

Back in March of 2021, nurses at the Linden Hospital Complex (LHC) were engaged in protest action, as they called for the removal of Chief Executive Officer, Rudolph Small.

Small had made disparaging statements about nurses when he stated that they (the nurses) would clock in at the LHC and then leave for extramarital rendezvous.

In June that year, the GPSU instituted proceedings by way of a Statement of Claim against the Ministry of Health and the AG, seeking among other things, a declaration that the deductions for “Absenteeism and persistent unpunctuality” from the wages and salaries of the nurses was “unlawful, illegal and a nullity.”

The State had noted that the deductions were made after the nurses refused to turn up to work and were engaged in a strike which the health ministry considered “illegal and premature.”

The ministry had noted that by Memorandum of March 10th, 2021 it had notified employees that deductions would be made from their salaries for absenteeism and persistent unpunctuality at work.

The Ministry of Health, initially dismissed Small but this decision was later rescinded.

Small had apologized for his words but the nurses and GPSU were adamant that he be removed.

The nurses had staged daily industrial action in the month of March, 2021.