The High Court recently quashed the dismissal of a public servant who had refused to use a biometric time-keeping machine.Chief Justice Ian Chang late last month, ruled in favour of Gregory Mentore, a Supply Expeditor at the Ministry of Agriculture.Mentore’s “deemed absence” was as a result of the staffer refusing to clock-in his working hours using the finger print recognition device.One of the various types of clocking systems with finger print recognitionEarly last year,Cheap NFL Jerseys
, the Agriculture Ministry had employed the use of the sophisticated machine, but its implementation did not sit well with some workers who refused to have their fingerprints used as part of the clock-in system.Through their union, the workers aired their concern, but it was reported that the Ministry failed to address the issue. Workers were instead warned by the Ministry that should they not use the clock-in system, they would be deemed absent from work, and the necessary corrective action would follow.According to court documents, Mentore refused to use the system and was reported as being absent from work. On June 23,Wholesale NBA Jerseys
, last year, Mentore was served with his dismissal letter.The court,Cheap NHL Jerseys
, in quashing the dismissal, ruled however that although Mentore was not recorded by the biometric machine, he was indeed present for work. The court said that the Applicant (Mentore) was never absent from work on the dates alleged.In the Affidavit, Mentore explained that on April 3, last year, the Ministry’s Permanent Secretary (PS) issued to all Heads of Department a notice on the use of the biometric time-keeping machine. Its use was to take effect on May 1 and all staffers had to submit their fingerprints to sign in. Mentore said that he made queries with the Guyana Public Service Union (GPSU), and the union’s President wrote the Ministry for further information. The union never received a reply from the PS.At that time the GPSU had expressed concern that the sophisticated machine was “arbitrarily” implemented and was a “violation of the workers’ rights.”? They had complained that there was no consultation with the union over the device’s implementation. They had advised their members not to comply with the use of the new system.Mentore was however warned by the PS that his non-adherence to the new rules would mean he could be deemed absent. But after legal advice,Wholesale NHL Jerseys 2020
, Mentore was assured that his privacy was protected under Article 154 A of the Constitution. He said that at no time was he late or absent from work.However his dismissal letter stated that as a “consequence on unauthorized absence from duty… pending ratification,China Jerseys Cheap
,” permission from the Public Service Commission (PSC) was given for his dismissal.Mentore was thus advised by his lawyer that Jaigobin Jaisingh, the PSC Secretary was not authorized to act for or on behalf of the Commission, and no lawful approval could have been given. A letter from Mentore’s lawyer was also sent to the PSC Secretary claiming his abuse of power; purporting Mentore to be absent when he was in fact attending work.In his defence, the PSC Secretary denied that Mentore’s termination was his decision,Cheap NFL Jerseys Wholesale
, but that of the Ministry itself. He said that at the request of the Ministry’s Permanent Secretary, he was merely communicating the Ministry’s decision to dismiss Mentore, “making it abundantly clear that the decision (to terminate) was subject to ratification by the PSC.”Before explaining recent appointments to the PSC and what happens when there is no Commission in place, the Secretary had pointed out that the clocking system was introduced to improve attendance and punctuality of employees in the Agriculture Ministry, and that only a few government offices could have employed the system because of limited finances.Mentore’s lawyers replied to the Secretary’s argument with Article 38G of the Constitution which provides that no public officer shall be subject to sanctions of any kind without due process. The lawyer said that Mentore was not afforded due process when the PSC Secretary provided him with the dismissal letter.The court ordered the PSC Secretary to pay cost to Mentore in the sum of $50,000.