-says strike action ‘unlawful, contrary to law and not engaged in good faith’

DESPITE numerous engagements with the Ministry of Education (MoE) and having over 77 per cent of its needs met with other demands still under consideration, the Guyana Teachers’ Union (GTU) continues to create an “alternative narrative.”

This is according to Chief Education Officer (CEO), Saddam Hussain, in his affidavit in defence in support of government in the application brought against it by the union.

The GTU is challenging in the High Court, the planned deductions from teachers’ pay for their participation in the ongoing industrial action. The respondent in the case is the attorney general.

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.

In his affidavit which was seen by this newspaper, Hussain vehemently defended the government’s position, alleging that the GTU’s threat of strike action was “unlawful, contrary to law, and not engaged in good faith.”

Hussain revealed that the MoE had engaged in continuous constructive meetings with the GTU since August 2020, addressing a myriad of demands related to the welfare of teachers and the overall well-being of the education sector.

He stressed that these meetings led to the successful implementation of numerous measures, with over 30 of the 41 requests made by the GTU being met and others still under active consideration.

“The applicant’s affidavit in support crucially omits to even mention, moreover, set out in detail, a number of crucial engagements between the MoE and the applicant,” said Hussain who then highlighted the GTU’s alleged selective representation of events in their legal documentation.

“The applicant is deliberately using these said correspondences to distract attention from the fact that they were in constant engagements with the MoE, with teachers gaining substantial benefits from those engagements.
“Indeed, the applicant had every opportunity to raise those very issues at the engagements but chose not to do so, continuing, apparently, to create an alternative narrative,” the CEO said in his affidavit in defence.

Hussain contested the GTU’s claim that the government’s decision to cease acting as a voluntary agent for collecting union dues would impact the union’s functioning, stating, “The government’s decision does not extinguish the applicant’s ability to directly collect those same dues from its members.”

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 for the last 35 years.

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

Furthermore, Hussain expressed concern about the GTU’s insistence on strike action, especially considering the potential consequences on learners, particularly during the final term before the crucial National Grade Six Assessment (NGSA), the Caribbean Secondary Education Certificate (CSEC) examinations and the Caribbean Advanced Proficiency Examination (CAPE).

COMMITTED

Meanwhile, the CEO in his affidavit urged teachers to reject the call for a strike before highlighting the government’s commitment to addressing reasonable requests within the constraints of affordability and fiscal space.

To underscore the importance of the continuous engagements between the MoE and the GTU, Hussain provided a detailed spreadsheet enumerating specific requests made by the GTU since 2020 and the substantial number that had been favourably addressed by the government.

He argued, “These engagements were very constructive and led to a large number of mutually beneficial decisions and measures being implemented.”

However, he pointed out that at all material times, the Government of Guyana has regarded the conditions of service and welfare of teachers with priority and has made salient strides and massive, active efforts to support this endeavour.
“I wish to assure that every effort is being made and will continue to be made by the Ministry of Education to engage the applicant faithfully in order to address all reasonable requests and demands of the applicant, within the realms of the government’s affordability and fiscal space,” Hussain said.

As such, he is asking the court to refuse to grant the reliefs sought by the GTU and dismiss the case.

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.

However, 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 there be mediation between the two parties.

Senior Counsel Edward Luckhoo and Senior Counsel Robin Stoby were appointed by the Judge as mediators for the proceedings.

On the other side of the divide, other educators have voiced their disapproval of the GTU’s leadership and strategies.

They argued for a return to negotiations with the government and constructive dialogue to ensure that the educational needs of the nation’s children are met without further disruption.

They advocated for a more inclusive, and dialogue-driven approach to addressing the sector’s challenges since the strike is not the way forward and a broader conversation is needed about the most effective ways to advocate for and support educators in Guyana.

A Partnership for National Unity + Alliance For Change (APNU+AFC) Member of Parliament and General Secretary of the GTU, Coretta McDonald, had previously stated that potential salary deductions for participating teachers would not pose a problem, as “corporate sponsors” have committed to reimbursing affected educators.

However, specifics regarding these sponsors, the total funds pledged, and the planned distribution method remain undisclosed.