Acting Chief Justice Roxane George SC has ordered embattled Chief Executive Officer (CEO) of the Linden Hospital Complex (LHC), Rudy Small, to pay defamation damages amounting to $20 million to nurses attached to that hospital.
This is according to a press release from the Guyana Public Service Union (GPSU) which said that the Chief Justice made the order on Wednesday, following her ruling in a class action suit which it had brought on behlaf of the nurses.
Back in 2021 the nurses had called for Small’s removal over disparaging remarks he made about them, when he stated that they (the nurses) would clock in at the LHC and then leave for extramarital rendezvous.
According to the GPSU release of ruling, the Court found that Small’s statements “were in fact defamatory, and he was liable for the said statements.”
He is also to issue an “unequivocal” apology to the nurses, in two newspapers and on Facebook no later than February 16th, the release added of orders having been made by Chief Justice George.
Failure to issue the apology as directed, will result in an additional $20m in damages the GPSU said; while adding that Small has been further ordered to pay costs in the sum of $500,000.
In its release, the Union took the opportunity to recall its message on the occasion of the International Day for the Elimination of Violence against Women on November 25th last, that the protection of women and the girl child is important for the sustenance of a healthy workforce, and a vibrant trade union movement.
Against this background, the GPSU said it it calling upon the Guyana Press Association to join in urging government “to speedily ratify and incorporate International Labour Organisation (ILO) Convention 190, and to implement its Recommendation 206 addressing the issue of elimination of violence and harassment in the World of Work.”
“We live in a society where there remains a culture of harming women, and often times femicide (supported by State actors, including law enforcement, for misogynistic behaviour).”
“It is time that we raise our voices, and ask questions of our leaders as to how much time and resources they are investing in eradicating this scourge from society,” the GPSU said, while adding that it remains committed to protecting women and the girl child, “and promises to always keep the Union’s doors open, and our hands tied in solidarity with women across Guyana.”
According to the GPSU, it will “continue to strive to ensure that there are adequate and quality facilities that are available to women to provide much needed dependent care, other resources and considerations, while they pursue upward mobility and assume a stronger presence of leadership throughout Guyana.”
The Union has described the ruling in favour of the nurses as a “triumph” in holding Small “accountable for his unacceptable conduct.”
Last November, High Court Judge Nareshwar Harnanan ruled that deductions illegally made from the salaries of the striking Linden nurses needed to be repaid by December 31st 2023.
The state has not complied and says it will appeal even as it seeks a stay of the decision.
Since Justice Harnanan’s ruling, the union has sought to have the deductions repaid to no avail, saying that it had written the permanent secretary (PS) of the Ministry of Health, advising of the order made by the court for the repayments.
The GPSU said that in response to its latest letter, however, the PS sought to advise that the Attorney General (AG) had filed a notice of appeal and was also in the process of filing a notice of application for a stay of proceedings.
Against this background, the PS, the Union said, sought to further advise that based on instructions coming from the Chambers of the Attorney General, no repayments would be forthcoming at this time.
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.”
Costs were also awarded to the GPSU in the sum of $100,000.
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.”
