Employees in Guyana can challenge dismissals they consider unfair, and the Act sets out the route.
The complaint route
The Act provides for complaints of unfair dismissal and for referral to the Chief Labour Officer for determination.
That officer also has the power to institute prosecutions where the Act has been breached, which gives the office real weight.
Disciplinary action
The Act contains provisions on disciplinary action. For issues less severe than serious misconduct, employers must follow disciplinary procedures rather than dismissing summarily.
If you were dismissed without any process for something short of serious misconduct, that is relevant.
Discrimination
The Prevention of Discrimination Act operates alongside the labour legislation. Employers must provide equal treatment during recruitment and may not discriminate unlawfully on grounds including race, sex, religion, ethnic origin, disability or political opinion.
The legislative framework
Employment in Guyana is governed principally by:
- The Labour Act
- The Termination of Employment and Severance Pay Act
- The Prevention of Discrimination Act
- Related legislation including the National Insurance and Social Security legislation
What to gather
- Your employment contract
- The certificate of termination
- Payslips evidencing your wage
- Evidence of your start date and continuous service
- Any disciplinary correspondence
- Your NIS contribution record
Contracts should be specific
Employment contracts should clearly specify the principal terms and conditions of employment. Probationary periods may be agreed in writing and should be reasonable relative to the nature of the employment.
Foreign nationals
Foreign nationals may only be employed where the necessary work permits and immigration requirements have been satisfied.
Where to go
The Ministry of Labour, and the Chief Labour Officer for determinations under the Termination of Employment and Severance Pay Act.