AG says entitled to more time to respond to Teachers’ Union case

Last Updated on Wednesday, 21 February 2024, 20:13 by Denis Chabrol

The High Court is Thursday expected to hear an applicati0n by the Guyana Teachers’ Union (GTU) to block the deduction of monies from the salaries of teachers who are now on a 13-day old strike, but Attorney General Anil Nandlall said he plans to mount a stiff opposition based on court rules.

Through its lawyer, Darren Wade, the GTU is also asking the High Court to order the Guyana government to continue the collection of GTU membership dues and remittance to that bargaining agent.

“I intend to strenuously oppose it. I intend to persuade the court to put my affidavit in opposition for the conservatory order,” he told Demerara Waves Online News.

The Attorney General indicated that the High Court Registrar informed him of the date for the case but that was not in keeping with the rules of the court. He said a date for a hearing ought not ought to be fixed without the expiration of 14 days and it must give 10 days clear. However, Mr Nandlall said the Notice of Application for the conservatory order was filed on February 16 and served on the same day, giving him only three working days instead of 10 and the date was fixed within 14 days.

In court papers seen my Demerara Waves Online News, the Attorney General informs Justice Sandil Kissoon that he “has only ben given two days to complete the impracticable task of consulting relevant State officials, scheduling meetings, taking instructions, and drafting and filing an affidavit in answer before the hearing of the Urgent Notice of Application.”  Mr Nandlall said the officials who would have to be consulted include those from the Office of the President and the Ministries of Education, Local Government, Labour and Finance.

In response to the strike action, which the government has labelled “unlawful”, the Ministries of Education and Local Government jointly informed teachers that they would lose pay in their March 2024 salaries if they had been absent from school from February 5, 2024 without a proper reason.

The GTU called the industrial action to pressure government to negotiate increased salaries, but so far the government has refused to budge.

The Attorney General contends, in his request for an extension, that the delay will cause any unjust prejudice to the GTU but will assist the court in ensuring that there is justice “on the merits of the issue.” In any case, while the State recognises the urgency of these proceedings, we assert that diligence, accuracy and comprehensiveness of the State’s defence is indispensable,” the court document states.

The GTU is proposing a 25 percent salary increase for 2019, and 20 percent for 2019 to 2023 and an additional performance-based incentive of 2 percent annually of the total teachers’ wage bill to eligible teachers during the period of the multi-year agreement. Further, the union wants a GY$5,000 emotional/ stress/risk allowance; a  monthly Internet allowance of GY$10,000; a GY$10,000 monthly allowance to teachers who use their own vehicles to perform official duties, and a fixed monthly allowance of GY$7,000 for headteachers/principals to conduct business on behalf of their institutions.