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Kaieteur News – The High Court appointed mediation process which is intended to end the standoff between the Government and Guyana Teachers Union (GTU) is expected to begin today at 9:30 am.
Justice Sandil Kissoon on Thursday invoked the Civil Procedures Rules 2016, Part 26 for Court Ordered Mediation to resolve the ongoing industrial action that has impacted the education system for close to a month.
Justice Kissoon announced that Senior Counsel, Edward Luckoo and Robin Stoby have agreed to serve as mediators in the national interest.
The orders were made despite repeated objections from Attorney General Anil (AG) Nandlall SC.
In voicing his reservation, the AG told the Court that the two parties have had a track record of consistent dialogue. He noted that nothing is stopping the Government via the Ministry of Education and the Guyana Teachers Union (GTU) from speaking again.
“There is already a framework in place, let the parties be allowed to resume talks under the same arrangement. The government has never reneged from meeting with the union and I don’t think that the mediation is necessary because the union can come back and begin negotiations,” the Attorney General said.
However, Attorney-at-Law Darren Wade told the court that despite several attempts, the government has refused to engage in collective bargaining as it relates to teachers’ salaries.
“The AG was misinformed, and as a result of his misinformation, he misguided the Court. The talks have been ongoing since 2018, there was an agreement between the Ministry of Education and the Guyana Teachers Union in 2018, when they went on strike, and those talks dealt with policy issues and classroom issues. The issues about collective bargaining, the government has been refusing over the last three plus years to meet with the Union to deal with those hard issues”, Wade said.
For his part, Justice Kissoon noted that it is clear that there was a breakdown in talks which led to the Union initiating industrial action. The Judge pointed out that for 25 days, the two sides did not meet much to the detriment of the nation’s children.
“I recognize the framework that exists…This [process] is going to be simply viewed as part of that framework but with the supervision and the assistance of experienced and eminent senior counsel…who recognized that with their wealth of knowledge and experience will be able to bridge the differences between the parties to continue that discussion but to cross those differences that led to the breakdown, and to take them to the point where there is normalcy,” Justice Kissoon reasoned.
Justice Kissoon emphasized the importance of addressing the concerns of the Union and by extension the teachers, to have a full resumption of school.
Chief Education Officer Saddam Hussain in his address to the court said, he would respect the judge’s order without question, but he was not optimistic that the mediation process would bear fruit.
Notwithstanding, Justice Kissoon said he is optimistic. He reminded the parties that the issue at hand was not about the Court, but getting the children back to school, and addressing the concerns of the aggrieved teachers.
Meanwhile, speaking to reporters outside the courtroom, GTU President Dr Mark Lyte said his union’s priorities would include pay talks in the mediation process.
“Obviously until we broker ground as to how we go back to the classroom, the strike will continue tomorrow…I think the Judge in his wisdom would have called on two experienced mediators, and other than calling on one person, he has named two persons, and the Union will have to have confidence in the judicial system that has so far been operating on fairness and justice,” the GTU President said.
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