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Public Services Association president Leroy Baptiste – FILE PHOTO
President of the Public Services Association (PSA) Leroy Baptiste says the government has not consulted the PSA on matters “at all” over the operationalisation of the TT Revenue Authority (TTRA).
On Thursday, the Privy Council said public servants at the Board of Inland Revenue (BIR) and the Customs and Excise Division (CED) must choose an option regarding integration into the TTRA – resign from the public service, accept a transfer to the TTRA or be transferred to another office in the public service – although the constitutionality of the authority is still before the court.
“The workers are left on their own to analyse and make decisions that will impact their lives and livelihood,” Baptiste told Newsday.
“Where you have a tyrant running a country, people will be put in this position – workers not being allowed to have their representative (PSA) participate in a process that will affect their lives.”
Baptiste also emphasised that nothing can be done until the TTRA is deemed constitutional.
“The TTRA remains not operational pending the judgement.
“Workers can choose an option; that’s their right.”
Baptiste said the PSA will meet with workers as early as July 19.
“They are making contact with us and we’ve been speaking with them.”
Baptiste said the act being deemed constitutional is only the first part.
“The PSA will be treating with part two – the process being implemented, if deemed constitutional.
“Workers must have a right to have a say in matters affecting their lives and livelihood.”
He concluded if the TTRA is deemed constitutional, “The process, the rights of the workers and of the union to participate in the process as it impacts the workers’ lives is non-negotiable.”
Speaking to Newsday on July 18 by phone, industrial relations consultant, president of the Caribbean Centre for Human Rights and Newsday columnist Diana Mahabir-Wyatt said public servants could possibly benefit financially, based on the available choices.
“A lot of workers, if they resign (once entitled to severance pay), will end up with close to a million dollars – according to the severance pay law.
“If they continue to go back into the public service, they will continue to build their service record so when they retire, they’ll reap the benefits.”
Mahabir-Wyatt said she has no objections to the choices available, as the workers will benefit financially.
On Thursday, attorney for the State Douglas Mendes, SC, during the expedited Privy Council hearing, said the employees should at least decide to allow for a more timely transition process if the appeal is dismissed and the government given the green light to proceed with operationalising the TTRA.
“All we are suggesting is that the officers exercise their option. There will be internal assessing of the option, but nothing will happen until your lordships have rendered a decision,” Mendes said.
“If you say that the act is unconstitutional, then that’s it. Nothing happens. Everybody remains exactly where they are and they will not be prejudiced.”
Mendes added if the government has to wait until after the ruling even to start the process, it will further delay the operationalisation of the authority and prejudice the public interest.
The Privy Council will submit its ruling in the coming months at the start of the upcoming legal term.
