The Public Services Association filed an application for an injunction seeking, inter alia, to stop the Authority from submitting to the Minister of Public Utilities, Marvin Gonzales, for transmission to Cabinet, any restructuring and reorganizational plan which has not been the subject of full consultation and negotiation with the PSA and to withdraw any such plan.
In effect, the PSA attempted to stop the Transformation Process.
In a release by the Ministry this afternoon on, the Authority opposed the Application and today the Industrial Court dismissed the PSA’s Application.
The matter was presented by Lord J. Hendy, Q.C.
The release further states that Court further found that the Authority’s position is that there has to be collective agreement.
“However, the Authority must be allowed and afforded the opportunity and time to prepare its own proposals based on the policy of the Government.”
“The Court stated that it cannot and should not order any Party to engage in collective bargaining before and during the preparation of its proposals and found that the PSA’s real aim was to restrain the Authority from formulating a plan for the restructuring of the Authority without input from the PSA.”
This is simply not permissible.
The Court recognized the Statutory duties and relationship between the Authority, the Minister and the Government, which operates outside of the Collective Bargaining Process and the duty to meet and treat with a Union does not extend to or circumscribe the legal relationship between the Authority, the Ministry and the Government pursuant to the Water and Sewerage Act and the Court cannot restrain them from treating, planning or consulting or otherwise exercising their duties under that Act.
“The effect of today’s judgment is that the Authority, the Ministry and the Government is free to proceed with formulating a Transformation Plan for the Water and Sewerage Authority.”
COMMENTS