A total of 120 complaints were processed between 2021 and 2022 by the Ombudsman, ranging from complaints by a former Constable in the Guyana Police Force of sexual harassment, to the customary complaints of National Insurance Scheme (NIS) payments not being remitted.
This is according to the Ombudsman’s Annual report of 2021-2022, which was recently laid in the National Assembly. In the report, it is revealed that of the 120 complaints, 54 were fully investigated and 10 are still being investigated.
Further, 66 complaints were determined to be outside of the jurisdiction of Ombudsman Justice (Retired) Winston Patterson. That jurisdiction includes departments of Government, certain corporations and statutory Boards.
However, 44 complaints were deemed to be justified and were resolved, while 14 were deemed unjustified, two were withdrawn, 10 are pending, five were referred and assistance was rendered in 25 cases.
Sexual assault
The cases the Ombudsman dealt with start with a complaint from a now ex-Constable of the Guyana Police Force (GPF), who the Ombudsman said was dismissed on the grounds “that having regards to the conditions of the Force and his usefulness as a Constable, such discharge is desirable in the public interest in accordance with… the Police Act Chapter 16:01.”
However, this Constable complained to the Ombudsman’s office of being shouted at and victimised while on the job and being locked up for 14 days in the barracks. He also complained to the Ombudsman’s office of being sexually harassed on the job, which caused him to lodge complaints to two Sergeants that were recorded in the location diary.
“On one occasion he had to rebuke an officer for his unmannerly behaviour and also recalled one of those unsavoury incidents which resulted in an argument between himself and a Constable in the presence of two other Constables and a Sergeant. The Constable made a serious allegation against him which was investigated. He appeared before a Superintendent and a Deputy Superintendent who found that the allegation was unfounded and dismissed it,” the Ombudsman report states.
There was another instance the ex-Constable recounted, where he was late for reporting for duty. Despite explaining that the circumstances were beyond his control, he was confined to the barracks for seven days and given a drill complement, which he served.
“According to him, he decided to seek my valued assistance in this matter. Allegations made in this complaint are very serious and senior and junior officers who were allegedly involved in wrong doings and sayings are mentioned by names and ranks. The complainant is even armed with a video to support his allegations.”
“I wrote the Commissioner of Police (COP) but received no reply. I sent him a reminder but got no communication from him. I eagerly await a reply from the COP. I do not have jurisdiction over the COP… notwithstanding the above, out of courtesy, I should have been given a response to inform the complainant who I believe feels he has not been given justice in this matter,” the Ombudsman wrote.
Tellingly, the Ombudsman’s report contains a note commending agencies who did respond to his correspondence and cooperated with his office, including the Guyana Defence Force (GDF), Central Housing and Planning Authority (CH&PA) and the National Insurance Scheme (NIS).
The Ombudsman went on to express hope that “other Government agencies will try to emulate them.”
NIS
Meanwhile, there are several cases involving the NIS documented in the Ombudsman report. In one case, a complainant who was formerly employed as an NIS inspector claimed to have been wrongfully dismissed, allegedly after he refused to carry out instructions from his local office supervisor that would have been a breach of procedure.
“The complainant’s matter was tabled before an internal committee of enquiry wherein he had a hearing and the NIS Board at its meeting decided that he should be dismissed with immediate effect. The scheme paid the complainant all his entitled benefits. Complainant was given adequate notice, attended and represented himself at the hearing. This complaint has no merit and he was accordingly informed,” the Ombudsman wrote.
In another case, a 63-year-old father and grandfather, the sole breadwinner of his family, had complained that after working with a firm for over 13 years, no money was ever remitted to the NIS despite deductions from his salary.
“I wrote the NIS enclosing statements showing that the complainant worked during the period mentioned. Within one month, NIS responded that there was need for further investigation. An update three weeks thereafter informed that the appeal was being processed. After not receiving a further update, a reminder was sent to NIS.”
“Finally, three months after being reminded, NIS responded confirming that the insured person, the complainant, is in receipt of his pension. The complainant was relieved and expressed thanks and gratitude to the Ombudsman’s office and the NIS,” the Ombudsman wrote in his report.