As it had vowed, the Guyana Teachers’ Union (GTU) has moved to the court to challenge the planned deduction from salaries of teachers involv-ed in the ongoing industrial action, through which they are calling for better wages and improved working conditions.
Through its attorney Darren Wade, the Union on behalf of teachers, is seeking a range of declarations from the Supreme Court, chief among them, that government’s decision to deduct union dues from their wages and salaries violates the Union’s legitimate expectation.
This the Union said is “unreasonable, arbitrary, and capricious.”
In the claim filed against the Attorney General, (the Respondent), the GTU said that government’s allegation of the strike action being illegal; is unfounded and unfair and wants the court to so declare.
It said that government has also been discriminatory and has breached its right to freedom of association and assembly and its right to protection from deprivation of property; all of which it wants the court to also declare.
In its statement of claim (SoC) seen by this newspaper which Wade said was filed yesterday afternoon, the Union said that despite submitting its multi-year proposal for the period 2019- 2023 and its General Secretary Coretta McDonald writing Presi-dent Irfaan Ali appealing for an urgent meeting to discuss the way forward for the teachers, it has not been engaged.
The claim deposes that on September 11th last, McDonald wrote Perma-nent Secretary of the Ministry of Education Shannielle Hoosein-Outar pointing out Article 23 (1) of the Trade Union Recog-nition Act which necessitates the employer’s recognition of the Union once a certificate of recognition is obtained by the Union, and that the employer should enter negotiations with the Union for the purpose of collective bargaining.
McDonald the claim said, iterated to Hoosein-Outar that the Union had fulfilled its responsibility of submitting new proposals for the period 2019-2023, but emphasised the education ministry’s reluctance to commence negotiations.
According to the claim, the GTU General Secretary said that while meetings were held with Minister of Education Priya Manickchand, Minister of Public Service, Sonia Parag; and Minister of Governance and Parlia-mentary Affairs, Gail Teixeira—and committees were formed with representatives from both the Ministry of Education and the Union—the efforts were unfruitful.
The claim detailed that in October, McDonald wrote Chief Labour Officer Dhaneshwar Deonarine requesting arbitration; noting that all matters discussed between the Minis-try of Education and the Union up to that point were non-financial matters.
McDonald the claim deposed said that Manickchand informed the Union at the time that their financial matters were the concern of the Office of the President. But the General Secretary stressed that the Union had been unsuccessful in engaging the Presi-dent.
The SoC said that on January 23rd, 2024, McDonald wrote Minister of Labour Joseph Hamilton, giving notice of pending industrial strike action and cited the reasons for this decision by the Union.
According to the claim, two days later the Chief Labour Officer wrote a response informing that he had not responded to the request for arbitration “as he did not believe that the correct process, pursuant to the Memorandum of Agreement, had been exhausted.”
“He further discouraged the strike action,” the claim said.
On Monday, February 5th, the Guyana Teachers’ Union began nationwide industrial action for better wages.
According to the claim, the action was taken as a result of the Ministry of Education and Office of the President’s recurring failure to engage the Union and also because of the Chief Labour Officer’s failure to initiate conciliation and arbitration proceedings.
The strike action which has been gaining traction had initially been planned for 10 days; but on Tues-day GTU President Mark Lyte confirmed that it will continue indefinitely until teachers’ demands are met.
In his address to the media at the time, he had also said that the Union was committed to approaching the court over government’s decision to deduct money from salaries of those teachers who participated in the strike.
As the strike entered its seventh day on Tuesday, Lyte said that the Union has been working on a plan to support members who have been out on strike. The Union, he said, was gathering data on teachers who have participated in the strike, to determine the extent of support needed.
As for the number of teachers participating in the strike, Lyte estimated that around 6,000 teachers, almost half of the teaching population, could potentially lose pay due to the government’s actions.
He noted that despite fluctuations in numbers, the Union is strategizing to ensure a presence on the picket line daily.
Among the more than a dozen declarations being sought by the Union, is that government breached the principles of natural justice by depriving the Union its right to be heard before determining that dues will be deducted from the wages and salaries of teachers, while at the same time deeming the industrial action illegal.
The Union also wants the court to declare that government breached natural justice by purporting that it disseminated threats and cyberbullying via social media against teachers who did not participate in the industrial actions and that the Union used racist and divisive sentiments.
These claims made by the government, the Union said are “unfounded and unfair.”
The Union is contending also that Deonarine’s failure to establish conciliation under the memorandum of agreement between the Ministry of Education and the Guyana Teachers’ Union for the avoidance and settlement of disputes is a dereliction of duty.
Further, the Applicants want an order of mandamus directing Hoosein-Outar to retract her letter dated the 6th February, 2024, and apologise to the Applicant on three consecutive Saturdays in daily newspapers of wide circulation.
In addition to the declarations being sought, the Union is seeking aggravated and exemplary damages, costs and all other orders the court deem just to grant.
Background
As the strike picked up momentum, the ministries of education and local government and regional development on Monday declared that those teachers who have been absent without excuse will not be paid and that this will be reflected in their March salaries.
It was following that announcement that the Union said it will challenge the decision in court.
A public notice signed by the permanent secretaries of the ministries of education and local government said that they had received from the 11 education districts a list of teachers who have not reported for duty at their assigned schools and who have not received the necessary leave approval and/or permission during the school week ending February 9th 2024.
“This unauthorized absence constitutes a breach of their conditions of service and their statutory duties and attracts legal sanctions,” the notice said.
