Is GECOM guilty of a serious dereliction of duty for not taking disciplinary action?
The Guyana Labor laws provide for summary dismissal of employment by the employer for good and sufficient cause relating to the conduct and performance of an employee in the job.
Under Section 7 of the Termination of Employment and Dismissal Pay Act, a contract of employment, without limitation, may be terminated at any time: –
– by consent of the parties;
– by notice to the other party; or
– by either party for good and sufficient cause.
Good and sufficient cause include refusal to timely execute lawful instructions, providing false and fraudulent information and reports to the employing authority, misconduct, inefficiency, dilatory tactics, inadequacy, and unprofessional conduct and conduct in the performance of contractual and statutory duties. .
Why is there a perceived lack of action and paralysis or hesitation by GECOM in relation to the behavior and performance of GECOM senior staff and other recount and related Secretariat staff at the March 2, 2020 national elections? Why isn’t GECOM taking prompt disciplinary action to replace these obvious recalcitrant public servants who are paid by taxpayers?
Those GECOM employees, who violated the Constitution and any electoral law, in the performance of their duties, must face prompt disciplinary action including termination and dismissal for good and sufficient cause. Failure or delay of GECOM or awaiting outcome of Court proceedings in gross dereliction of duty by GECOM.
Court matters, whether criminal or civil, are separate and distinct from employment disciplinary action. Those who break the law or commit any crime must be prosecuted in the courts and given the full force of the law. This is separate and distinct from any employment disciplinary action taken for good and sufficient cause.
Time to act now GECOM! Don’t hide behind the outcome of Court proceedings. GECOM must take immediate disciplinary action as an employer.