Guyana Teacher’s Union files case against government in Court

The Guyana Teacher’s Union (GTU) has taken a strong stance against the government of Guyana and its objection to the two-week running industrial/strike action which was announced recently, by filing a case against the government in Court.

This decision was taken after the Guyana Teacher’s Union (GTU) concluded that the government’s objection and subsequent approach to the industrial strike action is discriminatory and violates certain rights that are considered vital by the organisation.

Attorney General Anil Nandlall is said to be the respondent in a fixed date application which was filed on Tuesday. The Guyana Teacher’s Union (GTU) is looking to pursue legal means to disregard the deduction of union dues from the monthly salaries of teachers while also getting the government to declare that the strike is legal.

The Guyana Teacher’s Union (GTU) has also taken a tough stance against the government’s decision to make deduction to the salaries of teachers who are out on strike, so as to avoid paying them for the days that they spend out of their respective classrooms.

Attorney General Anil Nandlall responded to this by going on his “Issues in the News” Facebook programme, where he stated with the utmost confidence that he is prepared to defend the decisions made by the government in terms of dealing with and questioning the validity of the strike.

The GTU on the other hand has alleged that the government has breached their right to freedom of association and assembly, their right to protection from deprivation of property and their right to be heard.

Attorney General Anil Nandlall came out on Thursday with three ground rules for the application which include the decision to cease the deduction of union dues, the decision to deduct the salaries of striking teachers and a willingness to engage in the continued collective bargaining process.

He went on to state that the government’s decisions and approach in general, are legal and lawful on all counts.

He highlighted the Guyana Public Service Union v Nanda Gopaul (number 584W/2000-Demerara) case, where Ian Chang, the late Chief Justice, delivered a judgement stating that, “in respect of the deduction of union dues in particular, the G.0.G was merely acting as the agent of the union to withhold and remit such dues to the union.”

Nandlall added, “[This] has already been settled by our courts and declared to be lawful, the severance of that relationship, that is.”

He was adamant that the government has every right, in accordance with the law, to make deductions from the wages of workers who are absent from work without permission, leave or authorization, as is the case with the Guyana Teacher’s Union’s strike.

He went on to state that if teachers accept that they have the right and freedom to go on strike, they must also accept the subsequent conditionalities that apply, allowing the employer, in this case the government, to deduct the wages of absent workers.

He also clarified the government’s stance on collective bargaining, stating that the authorities do not wish to engage with parties that are not seeking a solution to the dispute but only wish to attack and antagonize the government.

The government believes that this is not a particularly productive approach to the problem at hand and does not look to resolving the issues definitively.