Justice Sandil Kissoon this afternoon ruled that the Government is barred from deducting monies from striking teachers’ salaries until the the GTU’s legal challenge against this move is determined.
While Attorney-General Anil Nandlall argued vociferously against this move pointing out that the court should not stop the Government from implementing its ‘no work no pay’ policy the judge ordered that the status quo remains until the matter is determined.
The AG however, was given more time to answer the application by the union as Justice Kissoon set March 20th for substantive hearing of the mater. On Tuesday through a court filing he had asked for 14 days to respond to the union.
The judge also said that the government cannot stop deducting dues from teachers’ salaries on behalf of the union until the hearing of the substantive case.
The GTU’s court application outlines a series of unanswered requests for discussions on salary increments sent to the President’s Office and the Ministry of Education. The union seeks court intervention to affirm the legality of its strike action and refute any allegations of non-compliance with legal procedures.
Through its attorney Darren Wade last week, the Union on behalf of teachers, sought 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.