The highest decision-making organ in the National Union of Public Workers (NUPW) has thrown out an appeal lodged by former president Akanni McDowall against his expulsion as a member.
But in an immediate response, McDowall disclosed that he will be taking the matter to the High Court for a final resolution.
Acting General Secretary of the NUPW Richard Greene said Wednesday night that neither McDowall nor anyone representing him turned up for a special meeting of the general membership this evening called to hear the appeal.
In September, the former president, along with Natalie Murray, was expelled from the union, accused of bringing the organisation into disrepute.
A week ago, McDowall, attended the first general meeting called to adjudicate the challenge to his expulsion, but it had to be adjourned due to the lack of a quorum.
McDowall has reported that the union held the wrong meeting.
Greene told Barbados TODAY tonight: “The special general meeting that was convened to hear the appeal of brother Akanni continued today and he did not show up and no representative of his showed up to present the appeal to the general membership of the union.”
The union official explained that when a general meeting is convened and there is no quorum, it continues at the same time, at the same place the following week and those persons who attend, would then comprise the quorum.
“So today we had in excess of 30 persons who would have come forward to hear the appeal. And obviously, since brother Akanni nor his representative team showed up…no one was there to present the case. So the general membership moved to dismiss the matter and then adjourned the meeting,” he disclosed.
“According to the rules, this would be the final appeal of any member who has been disciplined in one way or the other, in his case, expulsion. This will be the final appeal,” Greene repeated.
However, McDowall traced the events between the previous meeting and has accused the union of once again denying him his right to be heard.
“Let me remind the union members and the public that the NUPW called the incorrect meeting on November 24 and at that time indicated that the meeting was terminated,” said the former union leader.
He said he only received notice of the new meeting late Monday morning, November 29 for a meeting to be held on Wednesday, December 1.
“I contacted the general secretary on Monday and indicated that I would not be available to attend the meeting since my legal counsel would not be available,” McDowall continued.
He added: “My counsel then wrote to the general secretary and indicated that one, the members of the NUPW were for the first time only on Monday advised of the reconvened meeting; two, given the manner in which the meeting was concluded, we did not have adequate notice of the reconvened hearing, particularly given that the date of the publication of the notice and the date of the hearing were separated by a public holiday and three, legal counsel was unavailable to attend the meeting because of previously-arranged engagements.
The embattled former president said that given all of these factors, he requested that the meeting be reconvened for a later date.
“It is unfortunate, but unsurprising that this has been the position taken by the NUPW. I have yet to be afforded my right to appeal, which has again been denied by the very institution tasked with upholding workers’ rights,” he contended.
“We will now head back to the courts to have this matter finally put to rest,” McDowall told Barbados TODAY.
Back in late July, the High Court ruled that McDowall be allowed to contest a third term as president after he sued his union for suspending him as president and a member thereby blocking him from contesting internal elections which were near at hand.
But Justice Cecil McCarthy ordered McDowall’s reinstatement as a member only, giving him the go ahead to participate in the NUPW poll.
Additionally, McCarthy ruled that the NUPW could not hold elections within 21 days, giving the embattled president enough time to submit his candidacy and prepare for the vote.
The NUPW was also directed to extend the nomination process for McDowall by one week.
Contending that the elections were close at hand, the Judge opted not to rule on McDowall’s suspension as president but noted that the issue of damages would be addressed at a later hearing.
emmanueljoseph@barbadostoday.bb
