Does TESPA apply only to specific categories of employees?

Dear Editor,

I was very instructed by the letter appearing in your publication of August 4, 2016 `Termination and dismissal from employment’ by Samuel J. Goolsarran.

The sections which caught my eye include the following:

“The system of Industrial relations is informed, influenced and functions within the norms of national legislation, international labour standards, and regional labour policy of CARICOM.

The Constitution of Guyana, the labour Laws, and International Labour conventions of the International Labour Organisation (ILO), ratified by Guyana as treaty obligations and as international law, provide the legal basis, foundation and framework for the conduct of labour relations by the Government, its agencies, and social partners, represented by Trade Unions and employers and their organisations. Together, these instruments constitute the Labour Code of Guyana”

En passant it is noticeable how the above extract lays emphasis on ‘labour relations’ and ‘labour standards’ as if the latter were unrelated to human resources management.

One is further drawn to the following text:

“The valid grounds for summary dismissal under the Termination of Employment and Severance Pay Act No 19 of 1997 must relate to the capacity and conduct of the employee at work for good and sufficient cause relating to serious misconduct on the job”.

If one attempts to make a connection between the foregoing quotes, one is persuaded to seek advice as to whether TESPA applies only to specific categories of employees, and whether managerial employees some of whom may well be regarded as ‘employers’ are eligible to be similarly treated as ‘labour’ employees.

The author’s advice would be most welcome – particularly in relation to an employment contract which provides for mutual notice of termination.

Yours faithfully,

E.B. John