Unite declares dispute with Gibraltar Port Authority over ‘compulsory retirement’ 

Unite has declared an industrial dispute with the Gibraltar Port Authority [GPA] over what the union said was the “compulsory retirement” of one of its members, describing it as “a sham”. 

The union said the GPA worker was refused permission to extend their service beyond the GPA’s normal retirement age.  

The Gibraltar Government replied that the GPA had acted in accordance with employment law and the collective agreement, rejecting the union’s claim that this was, in effect, a redundancy. 

According to Unite, the GPA had previously sought to consult with the union over a proposed reduction in headcount which, Unite said, had not “meaningfully commenced” at present.  

“Therefore, the forced of retirement of one of the union’s members before the consultation bears fruit is unacceptable,” the union said.  

“Unite’s members and all workers have the right not be unfairly dismissed or be chosen for redundancy unfairly, which this forced retirement is considered to be.” 

“Unite is of the opinion that in this instance our member’s compulsory retirement is a sham and the real reason for dismissal is redundancy to fit the GPA’s plan to reduce headcount.” 

Unite said the “forced retirement” of an employee to “abolish posts” under the GPA collective agreement constituted a breach, adding any changes must be agreed to and signed by all parties. 

Unite said the development “seriously undermines the spirit and letter of the agreement”.  

A vote was held at a general meeting on Wednesday and GPA members unanimously agreed they would declare a trade dispute and will now decide what steps to take. 

“It is unacceptable for an employee of the Gibraltar Port Authority to be treated in this fashion,” said Donoval Correia, Unite’s Regional Officer. 

“The public sector should be employment that is safe and secure and should always follow the principals set out by the Employment Act and relevant collective agreements.”  

“I regret to say that the GPA in this case has failed in its obligations under the collective agreement and to our membership.” 

 “It is also concerning that the GPA has acted unilaterally to dismantle a collective agreement which under the clauses within it, are incorporated into their employment contracts.” 

“Unite cannot accept any employer breaching a collective agreement without consultation and shall resist all attempts to do so, as this would place all public sector employees covered by a collective agreement at risk if HMGOG wishes to make changes in future.”  

“Their job security and working conditions would no longer be secure.” 

GOVT REACTS 

Reacting to news of the dispute at the GPA, the Gibraltar Government said the authority was required as an employer to at all times act in accordance with the law, the relevant collective agreement and established employment procedures.  

It said Gemma Arias Vasquez, the HealthCare and Business Minister who also has responsibility for the port, had sought and received assurances that the GPA considered it had acted accordingly.  

“The Government categorically rejects the suggestion that this matter in any way constitutes a redundancy,” No.6 Convent Place said in a statement. 

“Any assertion to that effect is incorrect and risks causing unnecessary concern among the workforce.”  

The Government expressed concern that Unite was relying on a “selective reading” of the collective agreement, which it said had to be considered in its entirety. 

“To do otherwise risks creating a misleading impression of both the Authority’s obligations and the position in respect of this matter,” it said. 

“As Unite the Union and the public will appreciate, issues relating to an individual employee’s retirement are subject to legal and data protection constraints.” 

“Although it would be beneficial to the Government to do so, it would be inappropriate to comment on personal circumstances in the public domain.” 

“What can be made clear is that there has been no attempt to circumvent established procedures or to undermine collective bargaining arrangements.” 

“There has also, definitely, not been any redundancy.”  

“This Government remains fully committed to collective bargaining, to meaningful engagement with recognised unions and to the principle that public sector employees must be treated fairly, transparently and with respect.” 

“That is the approach that has been consistently applied across all departments and all negotiations.”