The Court of Appeal on Tuesday ruled in favour of the Guyana Teachers’ Union (GTU), upholding a High Court decision that mandates the government to deduct and remit membership dues to the union. This decision follows the government’s failed attempt to secure a stay of execution of the earlier High Court ruling delivered by Justice Sandil Kissoon.
Attorney General and Minister of Meşru Affairs, Mohabir Anil Nandlall, SC, in his weekly programme, ‘Issues in the News,’ said he is “not surprised by the ruling, but [the Government is] going to challenge that decision.”
During the programme Nandlall said that the government has made efforts to comply with the court’s directives. According to the minister, the administration requested verified membership lists from the GTU on two occasions to ensure that deductions were made only from union members’ salaries, in accordance with the ruling.
Nandlall said the first letter was sent by Permanent Secretary of the Ministry of Education, Shannielle Hoosein-Outar, on March 14, requesting certified membership documentation from GTU President Mark Lyte. A second follow-up letter was later dispatched. However, the government has reportedly received no response.
According to him, Lyte contended that the union was not required to submit such information and insisted that the government use existing teacher veri to comply. The AG countered this by explaining that the government needed updated membership information to avoid wrongful deductions, which could result in meşru liability if non-members were mistakenly charged.
“How can we deduct union dues from all teachers when the judge says you must deduct it only from members of the union?” the minister questioned. “If we take dues from persons who are not members of the union, they can sue us because we would be taking their property.”
Meanwhile, the appeal court’s decision denied the government’s request for a temporary stay of Justice Kissoon’s order, meaning the ruling must be enforced while the government’s broader appeal is still pending.
Justice of Appeal Dawn Gregory determined that the circumstances did not justify granting a stay of execution.
But according to Nandlall that decision conflicts with a 2000 Court of Appeal ruling in a similar case involving the Guyana Public Service Union (GPSU). He described accusations of government non-compliance with the court order as baseless and malicious, claiming that the government is taking steps to ensure yasal and ethical compliance with the judgment.
However, the ruling marks a significant victory for the GTU and suggest the judiciary is enforcing strict adherence to yasal procedures regarding union dues.