IN an effort to perhaps put an end to the nationwide strike action by educators that has been going on since February 5, High Court Judge Sandil Kissoon has ordered that mediation between the government and the Guyana Teachers’ Union (GTU) commence today.

Senior Counsel Edward Luckhoo and Senior Counsel Robin Stoby were appointed by the Judge as mediators for the proceedings to be held at the High Court in Demerara from 09:00hrs.

The Judge stated that the court hopes that after today’s mediation, issues can be resolved, potentially leading to teachers going back to the classrooms as early as next Monday.

The Judge suggested mediation on Wednesday as a means of resolving the ongoing issues between the government and GTU.

Although the GTU was happy to proceed with the planned process, Attorney General Anil Nandlall, SC, had asked for 24 hours to consult with his superiors.

Earlier this month, as it had promised, the GTU challenged in the High Court the planned deductions from teachers’ pay for their participation in the ongoing industrial action.

The government’s decision to no longer deduct dues from teachers’ wages and salaries and remit them to the union is also being contested as discriminatory.

Apart from a number of declarations, the GTU, through attorney Darren Wade, is requesting that the court award costs, exemplary and aggravated damages, and any additional orders the court considers just in addition to overturning the government’s decision.

Judge Kissoon has stated that the mediation will not impact the substantive case for which he will hear arguments on March 20. He has also promised to render a ruling shortly after.

He has issued two conservatory orders stopping any attempt to deduct money from the salaries of teachers on strike and to cease deducting union dues from their pay in the interim.

Teachers have been on strike since February 5, according to the GTU, because the government would not meet with the union on several issues, including the negotiation of wages, salaries, allowances, and better working conditions for teachers.

This is despite the fact that the Ministry of Education has satisfied more than half of the 41 proposals made by the GTU for better working conditions in just three years.

Government officials have also challenged the union’s claims by highlighting that discussions are ongoing to satisfy the other requests. Since the requirements for conducting a strike have not been satisfied, the government has already declared that the strike action is unlawful.

Apart from a number of declarations, the GTU, through Wade, is requesting exemplary and aggravated damages, costs and any additional orders the court considers just in addition to an order overturning the government’s decisions.

Meanwhile, Nandlall, at a recent court hearing, relied on the no work, no pay principle to support the government’s plans to take money out of educators’ pay cheques.

Nandlall reasoned that the government, as an employer, is legally able to take money out of employees’ salaries in situations where labour is not provided.

“You see, it is labour for money. If you withhold your labour, I must be allowed to withhold my pay. I believe a conservatory order in that instance, which compels the government to pay when the teachers are not providing their labour, is wrong,” he reasoned.
Concerning salary deductions, Nandlall added: “If the government deducts these monies wrongfully and it is subsequently found out or the court rules that the deductions are unlawful, then the government obviously has the capacity to repay it. But look at the reverse. If the teachers receive money and it is found that those monies were unlawfully received, then the teachers will have to pay it back. How are they going to pay it back? They are not going to deposit back money. It is the government that will now have to do accumulated deductions.”

The Attorney General stated that the government was providing this service voluntarily with regard to taking union dues out of teachers’ pay and remitting them to the GTU.

He pointed out that decisions made by the local High Court and the Court of Appeal state that the government is not required to provide or continue this service.

CRIMINAL OFFENCE

Approximately $2 billion collected from teachers by the GTU is unaccounted for, given the fact that the books of the union have not been audited by the Auditor General’s office over the last 35 years.

The Deeds and Commercial Registries Authority has revealed that the GTU last filed its financial returns 20 years ago.

While alluding to these, Nandlall made it clear that the GTU’s conduct constitutes a criminal offence in respect of every one of its executives.

He said the union has been unable to account for the funds or provide a public explanation for the non-filing of its yearly returns. Considering this, he asked, “On what basis am I being ordered to continue this relationship?”

Prior to the court-ordered mediation, the GTU was demanding a formal invitation to meet with the government so that the government can present its counterproposal to a multi-year agreement the union had suggested in 2020, before the strike is called off.

Nevertheless, the Attorney General expressed optimism that the industrial aspect of the dispute will be settled.

In order for “the strikers as well as the employees [sic] to have a clear understanding of what their powers are, what their duties are, what their responsibilities are and what the law is on all these industrial issues,” he stated that he believes that this particular case would clarify the law moving ahead. He is also confident that the GTU’s case will be thrown out.

In the case, GTU’s President Mark Lyte and the union are listed as the applicants while the Attorney General has been named as the respondent.

Moreover, the Chief Education Officer (CEO), Saddam Hussain has notified officials in the 11 education districts that they are to continue recording the striking teachers’ absence from the classroom.

The strike action comes as learners are preparing for the National Grade Six Assessment (NGSA), the Caribbean Secondary Education Certificate (CSEC) examinations and the Caribbean Advanced Proficiency Examination (CAPE).