High Court Judge to Deliver Ruling on GTU Versus Government Case
High Court Judge to Deliver Ruling on GTU Versus Government Case
High Court Judge to Deliver Ruling on GTU Versus Government Case
On Wednesday, High Court Judge Sandil Kissoon concluded hearings in the case brought by the Guyana Teachers’ Union (GTU) against the Government of Guyana. The case, which sought various declarations including the legality of a five-week strike by teachers, payment for time on strike, and the halting of union dues deduction from teachers’ salaries, has garnered significant attention.
Counsel for the GTU, Darren Wade; Attorney General Anil Nandlall, representing the government; and Senior Counsel Roysdale Forde, representing the Guyana Trades Union Congress (GTUC), presented their final arguments during the proceedings.
Following a period of cross-examination of witnesses and court-ordered mediation, which led to the calling off of the strike and the suspension of the government’s intention to deduct salaries of striking teachers, the case was poised for judicial determination.
Attorney General Nandlall argued that the GTU’s case was defective, emphasizing the absence of sufficient relevant documents to support their pleadings. He also contended that there exists no constitutional right to strike in Guyana, only a freedom to strike, which may entail consequences such as deductions from salaries.
In contrast, Senior Counsel Forde asserted that Guyana’s Constitution and international conventions uphold the fundamental right to strike, contradicting Nandlall’s position. Forde maintained that international treaties support the incorporation of a right to strike, countering Nandlall’s assertion.
Regarding the government’s decision to halt union dues deduction, Nandlall argued that it remained an executive decision beyond judicial review due to separation of powers. He acknowledged collective bargaining between the government and GTU but suggested that salary issues may not have been adequately addressed due to the union’s purported lack of assertiveness.
Both legal teams acknowledged the gravity of the issues under consideration and expressed anticipation for Judge Kissoon’s ruling, scheduled for the following Friday at 9:30 a.m.
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The outcome of this case is anticipated to have significant implications for labor relations and collective bargaining practices in Guyana, setting important precedents for future disputes between unions and the government.
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