GTU asks court to order gov’t to negotiate for 2019 to 2023
The GTU yesterday applied to the High Court for an order of mandamus mandating the government to engage in collective bargaining from 2019 to 2023 and it also wants disclosure of correspondence with the Ministry of Education on the subject.
In the latest twist to a confrontation which saw a four-week-long strike by teachers, the Guyana Teachers’ Union (GTU) is seeking a variety of reliefs. It is unclear when the matter will be heard by the court. A related case is due to be heard again on March 20th.
In addition to the order for collective bargaining, the GTU is seeking an order that Saddam Hussain, Chief Executive Officer, and Shannielle Hoosein-Outar, Permanent Secretary of the Ministry of Education be held in contempt of court for unwillingness and bad faith for refusing to discuss collective bargaining for the period 2019-2023
The union is also praying for an order directing the Ministry of Education to disclose all correspondence, between the GTU and the Ministry of Education, as it relates to the collective bargaining discussions as claimed by the Ministry of Education or in the alternative to disclose whether or not there are any.
It is also seeking a declaration that the GTU has a right to negotiation within the period of 2019-2023.
A declaration that the refusal to negotiate for the period 2019-2023 constitutes a breach of the GTU and its members’ right to collective bargaining under article 147 of the Constitution of Guyana, is also being sought.
The union has also applied for a declaration that the minutes dated 7th March 2024 of a meeting between the two sides, created a binding agreement. Further, it seeking a declaration that the agreement arising from the minutes dated 7 March 2024, created legitimate expectation. Those minutes could be key as they appeared to suggest that the two sides had agreed to talks on 2019 to 2023. Hoosein-Outar replaced Hussain as Chief Negotiator at the meeting last Tuesday and declared there would be no negotiations for 2019 to 2023 and this is what triggered the union’s move to the courts.
The grounds of the application are based on Article 147 of the Constitution of Guyana,
Section 10 of the Judicial Review Act and
Part 28 of the Civil Procedure Rules
It also cites the mediation ordered by Justice Sandil Kissoon which led to a March 4th Agreement between the Guyana Teachers’ Union and the Attorney General of Guyana (Ministry of Education) for the following
The Teachers shall, in good faith, resume work on or before Wednesday 6th March 2024
Discussion shall proceed within 48 hours of resumption of work and shall be in relations to matters which either Party considers relevant for discussions between Union and the Government, which include financial matters.
The discussion referred to in clause 2 above shall take place at the Ministry of Education Boardroom, Lot 26 Brickdam, Georgetown and will continue for a reasonable period of time.
Both parties reserve all their rights pursuant to any agreement under the laws of Guyana.
Following this agreement, Teachers resumed work on Wednesday, 6th March, 2024, as per 1 of the agreement signed between the Guyana Teachers Union and the
Attorney General.
On March 7th, 2024, the union application contended that the Ministry of Education and Guyana Teachers Union agreed to table the multi-year proposal 2019-2023 for discussion
The GTU application averred that the agreement reflected on 7 March, 2024 and reflected in said minutes is a binding agreement.
It also contends that the reneging on the agreement, to discuss collective bargaining from 2019-2023, is contemptuous and that the reneging on the agreement, to discuss collective bargaining from 2019-2023, is in breach of article 147 of the Constitution of Guyana
The application also underlined the importance of the ministry producing correspondence to substantiate the ministry’s claim that collective bargaining with the GTU had been pursued. The application was lodged by attorney Darren Wade.
The GTU’s industrial action commenced on
February 5th and was initially slated to last for ten days, but actions by the government led to its continuation for over a month. There was substantial support for it all across the country particularly in Region Two, a development which seemed to have surprised the government. Teachers also went on strike across Berbice.
Just before the commencement of the strike, GTU General Secretary Coretta McDonald had expressed frustration with the government’s handling of negotiations.
Before the commencement of the strike, as it began, and throughout its progression, it was deemed political and illegal by members of the government including the
Ministry of Education (MoE), the Ministry of Labour (MoL), and Vice President (VP) Bharrat Jagdeo. As time progressed, the union in turn maintained that the strike was lawful as they had exhausted all avenues for wage talks with the government since 2020.
According to the union, a proposal that they submitted in 2020, spanning from 2020 to 2023, did not receive a response from the government. Additionally, attempts to request conciliation and arbitration with the MoL were unsuccessful.
Despite the union’s