Attorney General Anil Nandlall, SC, says that the government has not violated a High Court order regarding the deduction and remittance of membership dues to the Guyana Teachers’ Union (GTU).
The Department of Public Information (DPI) said that speaking during his weekly programme ‘Issues in the News’ on Tuesday, Nandlall said that two letters were dispatched to the GTU President Mark Lyte requesting a list of the union’s membership so that the dues can be deducted and remitted.
He said that the first letter was issued on March 14 last year by the Permanent Secretary of the Ministry of Education, Shannielle Hoosein-Outar, requesting the verified and certified documentation of the union’s membership.
On March 19 last year, he said that Lyte stated that the union was not required to submit any information about its members before deductions ceased and that the government should use data already in its possession to comply with the order.
Nandlall, according to DPI, explained that the government sought to ensure the dues were only deducted from union members, especially taking into account new members and those who may have left.
He said that the government is looking to ensure strict compliance with the order handed down by Justice Sandil Kissoon.
“That order speaks to members of the Guyana Teachers’ Union…Not all teachers are members of the Guyana Teachers Union,” he asserted.
A second letter, he said, was sent to the GTU president and according to the AG, there was no response.
“How can we deduct union dues from all teachers when the judge says you must deduct it only from members of the union?” he questioned. “The GTU is only entitled to union dues from its members. If we take dues from persons who are not members of the union, they can sue us because we would be taking their property,” Nandlall asked.
His comments follow Tuesday’s Guyana Court of Appeal denial of the government’s request for a stay of execution of Justice Kissoon’s High Court order to continue deducting membership dues for the GTU.
The government’s appeal to this High Court ruling is still pending. In the interim, an application was made for a stay of execution, essentially requesting a temporary halt to the enforcement of the order.
Justice of Appeal Dawn Gregory determined that the circumstances did not warrant a stay.
The legal affairs minister argued that this decision contradicts a 2000 Court of Appeal ruling in the Guyana Public Service Union (GPSU) case.
The AG believes that the government’s actions in the GTU case are consistent with the established precedent set in the GPSU case.
“I am not surprised by the ruling, but we are going to challenge that decision,” he said.
