–gov’t affirms
GUYANA’S industrial climate is at risk of being jeopardised owing to the recent decision handed down by High Court judge, Sandil Kissoon, in the case of the Guyana Teachers’ Union (GTU).
As such, the government has sought to restore the law to its proper course by appealing the decision, a statement from the government noted on Friday night.
Justice Kissoon, on Friday, ruled that teachers’ salaries should not be deducted following their participation in the five-week strike organised by the GTU; he ruled that teachers were involved in “legal and legitimate” industrial action since collective bargaining between the Ministry of Education and the Union was not properly held.
In the ruling, he also noted that the government acted “arbitrarily” when it halted the automatic deduction and transferral of union dues from teachers’ salaries.
In response, the government plans to appeal but empahsised that this appeal will not affect its unwavering support for the needs and concerns of teachers.
The government noted that the law has been “turned upside’ by the judge’s ruling.
“The law, and indeed industrial relations in Guyana, in both the public and private sector, have been turned upside by a decision of High Court Judge, Sandil Kissoon, in the GTU case. This ruling is reminiscent of the decision that thirty-three (33) is not a majority of sixty-five (65). No doubt, like that decision, it will be appealed to the CCJ, if necessary, where that decision was reversed. The public is very much aware of these struggles endured in pursuit of justice.
“In the ruling, the High Court has completely dismantled a salutary principle which has struck a vital balance between the employer and the employee in industrial relations for centuries. The Court ruled that the ‘no work no pay’ principle no longer applies to Guyana – a position that does not obtain either in the Commonwealth Caribbean or indeed this hemisphere,” the press statement read.
The government further outlined the repercussions that will arise from the ruling and stated that the court is depriving the employer of his property (wages) and by this ruling, the employer will have to pay for work not done and value not received.
The government argued that the Court failed to recognise the difference between freedom to strike, which is provided for by the Constitution, and the right to strike, which is not provided for.
While maintaining that every right is subject to the rights of others, the government noted, “In short, the Court has not only ignored existing legislation but has trespassed upon the lawmaking power of Parliament by making new law rather than interpreting existing law, violating the essence of the separation of powers doctrine.”
Teachers began nationwide industrial action for better wages and salaries and other benefits on February 5, 2024. Teachers were on strike, according to the GTU, because the government would not meet with the union on several issues, including negotiations on wages, salaries, allowances, and other benefits for teachers. The strike was eventually called off on March 4 following court-ordered mediation conducted by two Senior Counsel, Edward Luckhoo and Robin Stoby.
The teachers went on strike despite the fact the Ministry of Education satisfied more than half of the 41 proposals made by the GTU for better working conditions in just three years.
Government officials had also challenged the union’s claims by highlighting that discussions were ongoing to satisfy the other requests. Since the requirements for conducting a strike were not satisfied, the government declared that the strike action was illegal.
‘WORK WITH US’
It should be noted that since the People’s Progressive Party/Civic (PPP/C) government assumed office in 2020, they have continued to fulfil their manifesto commitment of improving remuneration and conditions of service for teachers and offering incentives to teachers and opportunities for training and skills development.
Last year, President, Dr Irfaan Ali announced $1.9 billion in salary adjustments and duty-free concessions, following engagements with teachers across the country, as well as representatives of the GTU and other unions.
As part of this slew of interventions, all Graduate Teachers who are holders of a relevant Bachelor’s Degree (University of Guyana, GOAL Programme) will benefit from $1 billion in salary adjustments, benefitting 4,000 teachers.
Teachers with a Bachelor’s Degree will receive an education allowance of $10,000 monthly amounting to $120,000 annually. Holders of a Master’s Degree will also receive $20,000, amounting to $240,000 annually and a teacher who holds a doctorate will receive $30,000 amounting to $360,000.
Salary increases were also announced for Graduate Senior Mistress/Heads of Department, and Graduate Senior Assistant Mistresses working in the hinterland, in addition to increases in the Remote Areas Incentive (RAI) for teachers residing in the hinterland.
Further, the Vice President, Dr Bharrat Jagdeo, has been calling on teachers to “work” with the government as major plans are in store for the education sector.
Some $135.2 billion is set aside in Budget 2024 to realise the government’s vision of having a world-class education system here. In 2023 some $105 billion was spent in the sector in various areas.
Under the PPP/C Administration, the wages and salaries have grown by 61 per cent. Moreover, the education sector’s budget was significantly increased, from 51 billion dollars in 2020 to 135 billion dollars in the current year, marking a substantial increase of about 162 per cent.
This funding has enabled a series of improvements in the sector, including infrastructural development and the erection of several state-of-the-art education facilities across Guyana.
