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GTU threatens legal action against TSC over transfer of Berbice teacher
Kaieteur News – The Teaching Service Commission is set to face legal action over what is being described by the Guyana Teachers’ Union (GTU) as the wrongful transfer of a teacher.
GTU President Dr. Mark Lyte
President of the GTU, Dr. Mark Lyte during a video streamed via Facebook on Friday announced that the TSC will soon be the subject of a court case for taking steps to have a male teacher transferred from his district school in Berbice. According to Dr. Lyte, the TSC has not only issued a letter of transfer to the teacher even after he was cleared of allegations leveled against him, but the TSC –an autonomous constitutional body—has taken its instructions from the Ministry of Education to do so.
Dr. Lyte said “We believe that the Teaching Service Commission breached its own rules; rule number 57 with this decision. A person should be presumed innocent until you prove them guilty…” He continued “And since when does the Teaching Service Commission take its instructions from the Ministry of Education, this is an independent body that is supposed to act on its own accord…”
The GTU President said that the TSC was written to about its decision and warned that there will be legal consequences if the decision was not overturned. “We did not state when but we warned that court action will follow. This will be sooner rather than later …”
Kaieteur News learnt that TSC was sent a lawyer’s letter last Thursday. The letter warned that the TSC will face legal proceedings should the Commission fail to reverse their decision to have the teacher transferred.
The letter dated June 6, 2024 and written by Attorney-at-law, Darren Wade explained that the teacher (no name provided) received notice from the TSC of a decision to have him transferred from his district school in Berbice to the No. 36 Primary School on the basis of exigencies of service.
However, the lawyer pointed out that in their letter, the reasons proffered by the TSC do not constitute an exigency. “It appears you wish to appease the community and are taking instructions from the Ministry of Education…Please note that the reasons given are irrelevant considerations and consequently are unlawful,” the lawyer ‘s letter stated.
More importantly, Wade outlined in his letter that, the Teaching Service Commission is an independent constitutional body which does not take instruction from the Ministry of Education in making its decisions. As a result, the lawyer said that he is instructed by his client to demand that TSC retracts the letter forthwith. Failure to do so he warned would result in the pursuit of legal action.
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