‘DON’T TOUCH THEIR PAY’ – Justice Kissoon blocks Govt. from deducting striking teachers’ salaries

Feb 23, 2024 Court Stories, Features / Columnists, News

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By Rehanna Ramsay

Kaieteur News – Justice Sandil Kissoon on Thursday granted a temporary order blocking the Government of Guyana from deducting the salaries of striking teachers.

The High Court judge also granted an interim order which restrains the Government from withholding the remittance of teachers’ dues to the Guyana Teachers Union (GTU). The judge made the orders at the first hearing of the case filed by the GTU to challenge to the Government’s decision to deduct pay from the salaries of striking teachers and also blocking the administration from moving ahead with a decision to discontinue the deduction of union dues from the salaries of teachers on behalf of the Union.

While he granted the interim orders, the judge gave an undertaking to have the matter heard and determined at the earliest possible date. The request for conservatory orders was made even as Attorney General (AG) Anil Nandlall SC in his appearance on behalf of the Government of Guyana sought an extension of time to respond to the GTU’s case from the court.

The GTU’s lawyer, Darren Wade in response to the AG’s request said while he agrees that the AG should be given time to respond, there should also be an undertaking before the court that the status quo of the teachers’ salaries remain intact until the matter is fully ventilated.

The attorney as a result requested that the Court grants conservatory orders that the government will not interfere with the salaries of teachers or their remittance dues of GTU until the matter is concluded. Nandlall argued strongly nonetheless that such orders should not be granted. The AG gave the court a plethora of reasons why the Government should be able act on its decision to deduct the salaries of the teachers nationwide who have been on strike 14 days and counting.

“If there was no work, there should be no pay it is simple as that…” Nandlall said contending inter alia that while the teachers’ freedom to participate in the strike is protected by the Guyana Constitution, the constitution does not give them a right to do so. “The right to strike is not a protected right under the Constitution of Guyana. What is protected is freedom of association, or the freedom to belong to a trade union of one’s choice. The right to strike is not an integral part of freedom of association,” the AG asserted.

He noted that since teachers do not have an inherent right to strike under the supreme law and just freedom of participate in the GTU-led industrial action, it should be widely understood that freedom comes with consequences. “If they choose the option to strike, they must face the consequences …”

Nandlall noted further the relationship between teachers and their employer—the Government of Guyana (GOG) is one that is of a contractual nature.  According to the AG, under common law stipulations, the teachers exercising their freedom to withhold their services amount to a breach of contract. The AG cited a number of authorities including a Grenadian case in which a decision was granted in favour of deducting the salaries of teachers over their participation in a strike. Alluding to the case the outcome of that matter —which is identical in nature to the GTU case – Nandlall argued that there is no likelihood of success.

“In a matter that based on its merits, where it has no likelihood of success, the court ought not issue orders should it be interim or otherwise…,” he added.

Justice Kissoon was nevertheless not persuaded that the granting of conservatory orders would prejudice the case. As such, he told the AG that court could either utilise its discretion and grant the conservatory orders maintaining the status quo or be given an assurance that the Government would maintain the status quo—would not proceed with deducting the teachers’ salaries. In response to the suggestion, Nandlall told the court that he has no such instruction by the government.

The AG, still resolute that the orders should not be granted said that the Government would most likely reimburse the teachers the deducted sums, if the case should go in their favour. “It would not be an issue because whatever is taken out would be reimbursed… there is no need for conservatory orders to preserve the status quo,” Nandlall beseeched the court. “The case that is before the Court has no merit. That the two conservatory orders that are being sought are going to fail, they cannot be granted in the final analysis and if they cannot be granted in the final analysis as the law does not support their application, then how could they be granted as an interim measure?” he queried. Justice Kissoon also granted the AG seven days to respond to the GTU’s case and scheduled March 20^th for substantive hearing of the mater. On Tuesday through a court filing, Nandlall had originally requested 14 days to respond to the union.

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• court block, Freedom, Grenadian, salaries deduction, teachers strike

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