Baptiste: IRD, Customs staff still in dark over Revenue Authority

PUBLIC Services Association (PSA) head Leroy Baptiste said the Privy Council's nod for the TT Revenue Authority (TTRA) sheds no light on the possible fate of workers at the Inland Revenue Division (IRD) and Customs and Excise Division (CED) who now face an uncertain future.

He said employees have insufficient details about their possible options in the current scenario, whether transferring to the TTRA, transferring to somewhere in the Public Service, or resigning.

The Privy Council on September 16 rejected customs officer Terissa Dhoray's claim that the TTRA Act was unconstitutional in affecting the existing terms and conditions of staff now at the IRD and CED.

Finance Minister Colm Imbert, in a statement, said the ruling stated while TTRA staff "will no longer be part of government", tax collection can still be done by a body corporate it if is genuinely independent, with safeguards to protect staff from political interference.

A glance at the law books shows marked differences between the TTRA and IRD.

The Income Tax Act (section 3) established a Board of Inland Revenue (BIR) with five commissioners "whose offices shall be public offices within the meaning of section 3 of the Constitution of TT," appointed by the President. However, the TTRA Act says the finance minister appoints the board (section 7) and director general (section 13), whom the minister may remove – subject to Parliament's nod – for any one of eight reasons including, "any other sufficient cause" (section 15).

Baptiste told Newsday the judgement addressed the TTRA's constitutionality but not the PSA's concerns about its members at the IRD and CED.

"But the treatment of our staff at BIR (Board of Inland Revenue) and Customs remains atrocious."

He lamented that the Government had asked tax and customs employees to make decisions on their future but allegedly without the benefit of being given adequate information, such as on a voluntary separation of employment programme (VSEP).

"They are purporting that they have a VSEP but no one has discussed the terms of the VSEP with the majority-recognised union. Things remain outstanding and therefore, nothing has changed."

He again alleged the atrocious treatment of workers. "Notwithstanding that from a legal point of view, the Government is able to do it, that is, the Government is able to exercise wickedness against the workers; we intend to fight that!"

Baptiste vowed to ensure the employees were treated with "regard, respect and dignity.

"They have not been furnished with information. Nothing about this judgement allows them to make an informed decision as to what to do next."

Newsday asked how he intended to fight this matter as he had earlier vowed.

"The workers have not gone across because they cannot. They cannot make a decision without information."

Saying the Government has purported to give options to IRD and CED staff, he said, "But the options are nebulous and unclear. No one knows what the option means.

"You can choose to voluntarily separate but there is no clear plan, there is no agreed plan, as to what this voluntary separation plan is."

Saying the TTRA Act said no one shall go across to the TTRA under conditions "no less favourable than" what they now have at the IRD or CED, he said no one has said what that phrase meant.

"So the workers are in no man's land.

"They are told they could go into the Public Service. "However, that is if they could find a position. Imagine you exercise your option and then you are not... You have no guarantees!

"So what if you decide you want to stay in the Public Service and they cannot find a position? What happens next? Those are the questions that have not been answered."

He said the Privy Council's ruling that the TTRA was constitutional did not change the price of coffee regarding PSA members.

"It is no way sanitises what the Government has been doing."

He accused the Government of acting like bullies against the workers.

"They have treated them like children rather than adults, not wanting to furnish them with information to make a decision."

He vowed to fight "to the ends of the Earth" for the workers' right to information.

Asked if the union might take a second court action to defend workers' rights, he said, "Of course, we will look at that."

Newsday asked if the PSA would explore workers' rights under the Industrial Relations Act (IRA) and International Labour Organisation (ILO) conventions.

"We have written to the CPO (chief personnel officer) in terms of treating with those issues. Yes, we intend to report a dispute if they fail to (address) it.

"It will go through a legal process if they fail to meet and treat."

Baptiste said the CPO had met the PSA about four-six weeks ago.

"They, too, have not been furnished with the information and they are trying to get it from the minister of finance or the ministry to be able to come back to the PSA again to treat with those issues."

Newsday asked what proportion of workers have relented to go to the TTRA.

He said, "The vast majority of workers held their position."

He recalled a newspaper saying no more than 40 per cent had agreed to go to the TTRA.

"Remember, they had attempted to incentivise the senior people to go across.

"But the vast majority – the people who have to do the work – have held their ground, and rightly so."

Baptiste said workers simply had no choice.

"It is not like somebody is grandstanding, you know. They have no information."

He suggested ordinary staff were not being incentivised.

"It is not like somebody watching a senior person in the BIR or Customs and tries to say, 'Hey, I will double your pay.' Somebody might say, 'Hey, Let me go across!' Because things like that are happening."

He said in reality, a worker not getting 'incentivised' and not having any details (such as VSEP or new terms and conditions) has no choice but to await information. Baptiste said he would meet workers within the coming week or so. Newsday tried but was unable to contract CPO Dr Daryl Dindial, Minister in the Ministry of Finance Brian Manning and Public Administration Minister Allyson West.

Labour Minister Stephen Mc Clashie told Newsday he was not involved in this matter, for which the PSA and CPO have their own methodology for handling.

"If there is an impasse, it goes to a special tribunal of the Industrial Court for their resolution. It does not come to the Labour Ministry in that regard.

"The CPO has issued circulars to its membership and put out in the general public the methodology being used to transfer people and what the options were."

He expected that in the current scenario, many jobs would be different after things were reorganised to go into the TTRA.

"So I am almost sure that there are maybe new job descriptions and so on, and therefore, people will have to be compensated differently from where they were. So some people may move with the same remuneration and so on. Some people may have to be reclassified. I am not altogether sure how that is working but my labour sense tells me those are logical things that must happen."

He said the process used by the CPO and PSA was guided by the IRA.

Newsday asked if he was confident the TTRA staffing transfers were being handled properly.

Mc Clashie said, "Yes, I'd say I am confident. All the players, through natural justice, have had the right to be heard in a court of law. Based on what they would have proffered and what the laws are, they (law courts) would have made pronouncements.

"We may not like in every instance what those pronouncements are, but I think it is being done in a very straightforward and open manner.

"There are no people hiding behind pillars with knives or guns. Everything is quite transparent. You might not like the outcome based on what side of the fence you sit, but you cannot say there are any cloak-and-daggers or smoke screens."