COME April 19, 2024, Justice Sandil Kissoon is set to hand down his ruling in the Guyana Teachers’ Union’s (GTU) challenge to the government’s planned deductions from teachers’ pay for their recent participation in strike action.

On Wednesday, GTU lawyer, Darren Wade; Guyana Trades Union Congress (GTUC) counsel, Roysdale Forde, S.C., and Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C., wrapped up their arguments before the Demerara High Court.
The GTU is challenging, in the High Court, the planned deductions from teachers’ pay for their participation in the five-week 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.
Wade and Forde argued vehemently against the government’s actions, and contended that the government’s failure to engage in collective bargaining for over three years, despite receiving proposals since 2020, justified the teachers’ industrial action.

Forde contended that the principle of “no work, no pay” was inapplicable in this context, citing the government’s unilateral actions and lack of negotiation.

In response, Nandlall defended the government’s stance, explaining that there is no relief in the applicant’s challenge which relates to the “no work, no pay” principle or even any order that seeks to permit or authorise the court to make such in relation to salaries during the strike period.

“In fact, your honour, the only relief that is really properly pleaded is the one relating to the union dues…nothing about collective bargaining,” Nandlall said to Justice Kissoon.
The Attorney-General further asserted that while teachers have the freedom to strike, they do not possess a constitutional right to strike.

Nandlall reasoned that the government, as an employer, is legally able to deduct money out of employees’ salaries in situations where labour is not provided.
“There is no right to strike in Guyana, there is a freedom to strike. The Constitution has a right to demonstrate, a right to assemble and a freedom to strike… so the draftsman using language differently. Then you have the right of the employer.

The Constitution also protects the employer’s right to property, so how could you advocate that you have a right to pay when you have not worked,” the Attorney-General added.
Against this backdrop, he added that Wade and Forde are peddling “misinformation” and is inviting the court to run counter to the constitution and the laws.

“It is a complete misunderstanding of all existing laws that perhaps can be looked at and perhaps should be reviewed,” the Attorney-General said.
He also defended the government’s decision to cease deducting union dues, stating that it was an executive decision and not subject to judicial review.

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.

Nandlall said: “The government is not preventing them from receiving their dues. We simply are withdrawing a voluntary service. So there ought not to be any loss of income… there is no legal obligation on the government, perhaps morally, yes, but legally [no].”
As it relates to the discrimination claim, Nandlall said that Wade and Forde failed to prove this, noting: “Where is the evidence that the government is extending this facility to another?”

Justice Kissoon is expected to hand down his ruling on April 19, 2024, at 09:30 hrs.
GTU president, Mark Lyte and Chief Education Officer (CEO), Saddam Hussain were previously cross-examined in the case.
During the trial, the credibility of the GTU faced intense scrutiny as more doubts emerged regarding the existence of crucial minutes of meetings purportedly held between the union and the Ministry of Education (MoE).

It was revealed that the ministry stands as the sole possessor of documentation pertaining to these meetings.
On March 4, following a court-appointed mediation, the GTU called off the illegal protest and agreed for the striking teachers to return to their classrooms.

However, on March 12, talks between the GTU and the MoE broke down again, after the ministry upheld the government’s position that discussions surrounding salary increases should be from 2024 onwards.
The GTU had asked for a 20 per cent increase and indicated that they are interested in discussing only salaries, particularly between the period 2019 and 2023, and nothing else.

The union maintained its determination to discuss only salary matters concerning the prior years and refused to address the other 25 matters, which were identified for discussion by both the Ministry of Education and the union.
This resulted in the representatives of the union abandoning the process and walking out of the meeting.
Last month, the GTU withdrew its application seeking to force the MoE into discussions regarding teachers’ salary increases for the period 2019 to 2023.