High Court dismisses GTUC’s ‘frivolous’ application for police officers to join trade unions

High Court Judge, Justice Gino Persaud, on Friday, dismissed the Guyana Trades Union Congress’ application which requested the Court to declare s. 46 of the Police Act, Cap. 16:01 and s. 2(2) of the Trade Union Recognition Act, Cap. 98:07, unconstitutional.

The Applicant argued that these provisions, which prohibit members of the Guyana Police Force from associating with and belonging to a trade union, violate their fundamental rights guaranteed by Article 147(1) of the Constitution. Article 147(1) guarantees every citizen the right to freedom of assembly, association, and to form or belong to trade unions or other organizations for the protection of their interests.

Justice Persaud agreed with the Attorney General’s submissions, ruling that these restrictions, provided for by Article 147(4)(a) of the Constitution, are lawful and constitutional. He held that limitations on the fundamental rights of police officers to associate with and to belong to a trade union are justified as they are necessary for defence, public safety and public order.

In his ruling, the Judge stated: “In the present proceedings, the State has convincingly demonstrated that permitting officers to engage in industrial action or labour dispute would form a grave and tangible threat that would affect the effective functioning of the apparatus and machinery of the State […] a prohibition is not only reasonable but necessary in a democratic society for the preservation of public order, national defence and public safety. The State’s submissions underscore that police officers occupy a critical and non-substitutable role of upholding the rule of law, protecting life and property and maintaining societal stability. Their participation in industrial actions could severely undermine public confidence, disrupt essential services and endanger the very fabric of our constitutional democracy.”

The Judge also noted that police officers’ fundamental rights to associate with and belong to trade unions are not circumvented since, under Section 43 of the Police Act, members of the force have access to benefits and representation through the Police Association, which performs functions similar to those of a trade union.

Additionally, the Applicant sought a declaration that the State had failed to pay salaries, benefits and other emoluments to certain officers of the Guyana Police Force who were allegedly promoted on the 28th June, 2021. However, the Applicant failed to establish that any such promotion was effected on that date. The Applicant further failed to produce any evidence demonstrating its legal authority to act on behalf of those officers.

Consequently, the Judge ruled that the Applicant did not have any legal standing to represent those persons or sufficient interest to seek such relief. Costs were awarded to the Attorney General in the sum of $250,000.

The Applicant was represented by Mr. Darren Wade, while the Attorney General and Minister of Legal Affairs, Anil Nandlall, SC, appeared in person on behalf of the Respondent, along with Gaitree Ramona Rookhum, Assistant Solicitor General,  Ronetta Sargent-Prince, Principal Legal Advisor, and Omar Hoppie, State Counsel.

Commenting on the case during his programme “Issues in the News” on Tuesday, Nandlall elaborated on his submissions during the court case, noting that “every constitutional right has limitations listed under those very rights and these limitations essentially say that the rights that you have do not extend to these limitations and they are listed, and you know one of the limitations to the right of association is that the right of association including the right to be part of a trade union does not extend to members of the disciplined forces…and that has been in our constitution since independence.”

Nandlall also pointed out that the GTUC, in all its years of existence, never sought to mount such a legal challenge.

“[They] never challenged it in all the years but they persuaded…Darren wade, Attorney at Law, to rush to the court to file this frivolity, trying to knock down provisions of the Trade Union Recognition Act and provisions of the Police Act that speak to the prohibition of police officers joining organisations such as trade unions,” he expressed.