Opposition Leader Ralph Gonsalves is claiming that the government fired 28 employees attached to the Youth Employment Service (YES Programme) and is calling for their compensation.
Gonsalves used his show on Star Radio on Wednesday to criticise the New Democratic Party (NDP) government, saying that the action violated Section 13 of the Constitution.
He noted that the Constitution protects from discrimination on the grounds of race, sex, place of origin, political opinions or creed.
“You cannot discriminate against somebody on political grounds with respect to their job. You can’t do that,” Gonsalves said.
The opposition leader, who is also a lawyer, said a legal team was waiting to provide service to these individuals.
Gonsalves said that he would be involved as a lawyer if a constitutional challenge is filed.
“The evidence is clear and a case will be made,” Gonsalves said, adding, “I know the wheels of justice grind slowly, but it grinds finely.”
He said that the 28 people were mainly mobilisers and coordinators and were replaced without any assessments being conducted, although they had been issued letters of appointment.
Gonsalves said he had been informed that the affected employees were notified of their dismissal by telephone, while others were told face-to-face by individuals within the public administration.
“All they know is that they were replaced by someone else, and in every single case, they have been replaced by persons who are well known in the communities and who have made themselves well known as supporters of the NDP,” the opposition leader said.
The firing of 28 people by word of mouth or face-to-face with a mid-level public servant was not the fault of the individuals who effected the dismissal.
He, however, said that those who delivered the messages would have to tell the court who directed them.
“And the answer will come; I am sure that the instruction came from the minister or somebody in the political directorate and that is where you have political discrimination,” he said.
The opposition leader said neither the Public Service Union, the trade union that represents most public sector workers, nor the Christian Council has commented on the dismissals.
Gonsalves explained that when dealing with matters related to labour laws and the government, people must be given a letter when their employment is terminated.
“And you have to tell them why you’re relieving them of your job,” he said.
The workers were fired in April and some of them are yet to be paid, said Gonsalves, a lawyer.
In addition, they were entitled to get another month’s salary in lieu of notice, depending on the status of their position, he further stated.
“So, they are entitled to their April salary, one month’s salary in lieu of notice, they are entitled to their compassionate gratuity and they are entitled to any holidays which are owed to them.”
The Protection of Employment Act makes provisions for such persons to have their jobs reinstated, he explained, adding that the government may not want to do so.