-Dr Jagdeo says

PEOPLE’S Progressive Party (PPP) General Secretary Dr Bharrat Jagdeo has stated that the ruling handed down by High Court judge, Sandil Kissoon, in the case of the Guyana Teachers’ Union (GTU) could send the country into “chaos,” because of its potential effects on the industrial climate.

With the government planning to appeal the decision, Dr Jagdeo, during a press conference on Thursday at Freedom House, said that they believe these matters were adjudicated in the past and there is precedent in superior courts, not just in Guyana.

But also globally, the principle: ‘no work, no pay’ has been upheld.
“This country could go into chaos tomorrow if that ruling stands,” he said, while highlighting the potential repercussions it could cause on the nation’s industrial climate.
While noting that the government is not “vindictive,” the PPP General Secretary stated that no normal country in the world would have such a judgment.

Justice Kissoon, last 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[down]’ by the judge’s ruling.

“The law, and indeed industrial relations in Guyana, in both the public and private sectors, have been turned upside [down] 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, in a statement last Friday that 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 law-making 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 that 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.

Moreover, it should be noted that since the 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.