Court of Appeal refuses State’s request to suspend High Court order for remittance of teachers’ union dues

Last Updated on Tuesday, 21 January 2025, 19:28 by Writer

The Guyana Court of Appeal on Tuesday refused a request by the Guyana government to stay a High Court order that the government must continue to deduct and remit membership dues to the Guyana Teachers’ Union (GTU), according to the union’s lawyer, Darren Wade.

Mr Wade said Justice of Appeal Dawn Gregory highlighted that the GTU would suffer undue prejudice if the stay was granted, stating that the balance of justice lies in favour of the union.

High Court Judge, Sandil Kissoon had on April 17, 2024, ordered the State to continue deduction and remittance of the dues to the teachers’ union. Automatic deductions had been halted in apparent retaliation to a prolonged strike that was called by the GTU to pressure the government to collectively bargain for increased salaries and other benefits.

Chief Education Officer of the Ministry of Education, Saddam Hussain is on record as saying that government stopped the deduction of the union dues because the union had failed to submit its accounting records to the Auditor General of Guyana since 1989 and the Registrar of Trade Unions since 2004. “In the face of this glaring lack of transparency and accountability on the part of the Union – moreover, in respect of the lack of accountability in relation to Union dues which the Government was deducting gratuitously from the salaries and transmitting same to the Union – coupled with the Government’s own legal duty under various statutory provisions and under the doctrine of good and accountable governance, the Government decided to review its decision of continuing this gratuitous service to the GTU,” he said.

Attorney-at-Law Wade hinted that the GTU was considering its next steps to enforce the High Court’s decision. “The Guyana Teachers’ Union is currently considering appropriate actions in response to this blatant disregard for judicial authority,” he said. Attorney General Anil Nandlall deferred comment on Mr Wade’s claim that “despite these clear judicial directives, the State has failed to comply, refusing to deduct and remit the union dues as instructed.” Mr Wade said that “ongoing defiance of court orders is both contemptuous and an affront to the administration of justice. “Such actions undermine public confidence in the judiciary.”

The lawyer for the GTU recalled that Justice Kissoon had initially granted an interim conservatory order on 22 February 2024. That order had restrained the Guyana government from ceasing the deduction of union dues from the wages and salaries of GTU members and required their remittance to the Union. The order was made absolute by the same Judge on 17 April 2024 when the court delivered its ruling.