High Court Judge Sandil Kissoon will deliver his ruling in the case brought by the Guyana Teachers’ Union (GTU) against the Government of Guyana, seeking among other things a declaration that a five-week strike was legal, that teachers are entitled to be paid for the time on strike and that the government was discriminatory to halt deduction of union dues from the salaries of teachers.
Counsel for the GTU, Darren Wade; Attorney General Anil Nandlall, who represented the government and Senior Counsel Roysdale Forde, who represented the Guyana Trades Union Congress (GTUC), wrapped up their arguments in the case on Wednesday.
It followed a period of cross-examination of witnesses and also a period of court-ordered mediation that has since resulted in the strike being called off and the government’s stated intention to deduct the salaries of striking teachers now on hold.
All matters will be determined by the decision of Justice Kissoon. Both sides believe that whatever the ruling, it will be important for the country’s jurisprudence when dealing with these matters in the future and it will effect necessary changes to the status quo on how the government engages in collective bargaining with unions.
On Wednesday, among his submissions, Nandlall argued that the GTU’s case is defective, incurably so.
The Judge thanked all parties for extensive submissions and evidence but he was keen to note that Wade relied on cases from abroad when there were local cases that could have been used to support his arguments.
Nandlall picked up on this observation and accused the applicant of failing to submit enough relevant and necessary documents to support its pleadings and asked the judge to be careful when considering the reliefs sought.
He also addressed the principle raised in the applicant’s arguments regarding the right vs freedom to strike as outlined in the Constitution and other international treaties.
Nandlall maintains that there is no right to strike in Guyana but rather only a freedom to strike which can result in consequences including but not limited to an employer’s right to deduct monies from the salaries of striking employees.
He said Articles 147 (2) and (3) of the Constitution fundamentally allow for the freedom to strike and this is further supported by international conventions which provide for the incorporation of a right to strike.
But Nandlall disagreed and maintained that no international treaty has conferred a right on any Guyanese worker to be paid for work not done during a strike.
In court, Nandlall commended Forde for his efforts in trying to expand the case beyond the intention of Applicant
On the government’s decision to stop the deduction of union dues for the GTU, Nandlall said it remains an executive decision and separation of powers will not allow it to undergo review by the Court.
Nandlall believes that the government’s legal team was able to establish that collective bargaining did take place between August 2020 to January 2024, though salary issues were not entirely addressed. But he said this could amount to a fault on the part of the GTU that they were not aggressive enough.
In the end, Nandlall and Forde agreed that the issues under consideration were very serious and look forward to the ruling next Friday at 9:30 hrs.
legally GTU have a case but lacks the aggression on the matter.
What is the legality you are seeing. If you do not work you should still be paid? If that is the case the every employee should call wild cat strikes and stay home and be paid. Where is the logic in that? The Govt. has no obligation to deduct union dues from any employee pay check. The Govt was just doing the union a favor. Enlighten the public on the legality you are seeing.
Here comes a fool do not work and you will be paid you live in some cave in Africa or Haiti? What case the GTU has genius?