In what will go down in history as a seminal, if not the most consequential ruling in recent times, the Court of Guyana assured the workers of Guyana their century-plus struggles have not gone in vain.
In February the Guyana Teachers Union (GTU) via its Second Vice President Julian Cambridge approached the Court in response to Government’s decision that their strike of February 5- March 4, 2024 was illegal, teachers will lose pay for the days they were on strike, and deduction and remittance of dues to the Union will stop. The GTU was represented by attorney-at-law Darren Wade. In March, the Guyana Trade Union Congress (GTUC), via its General Secretary Lincoln Lewis joined the case in March. GTUC was represented by attorney-at-law Roysdale Forde S.C.
Friday, Justice Sandil Kissoon in the case of the Guyana Teachers Union vs the Ministry of Education ruled the teachers’ strike was lawful, there should be no loss of pay and Government must continue to deduct and remit dues to the Guyana Teachers Union (GTU). The Judge stated “the right to strike is a union’s ultimate weapon.”
Justice Kissoon in a four-hour summation touched on issues pertinent to the working class, their conditions of living and their engagement in struggle, addressing forthright the matter of strike and made known “the right to strike is a union’s ultimate weapon.”
The Judge began his summation by outlining the Preamble in the Constitution of Guyana, touching on the struggle of the Guyanese people and what they aim to achieve. He drew comparisons between the 1966 and 1980 constitutions which addressed the people and nation’s aspirations.
In addressing the 1980 constitution, Justice Kissoon referenced Article 147 ‘Protection of freedom of assembly, association and demonstration’ and highlighted the amendment in 2001, which guided his interpretation of the law and determination of the workers’ rights.
The Judge in his ruling noted the article in its present form, when taken into consideration with the 2001 amendment strike is not a freedom but a right. This pivotal judgement aligns with the International Labour Organisation’s Conventions No. 87 ‘Right to Collective Bargaining’ and No. 98 ‘Freedom of Association.’
Addressing specifically the teachers’ issue Justice Kissoon said the teachers’ strike was justifiable given the reluctance of the employer and the Ministry of Labour in addressing their right to collective bargaining.
In August 2020, GTU submitted a multi-year proposal for increased salary and improved working conditions to the Irfaan Ali Government. GTU re-submitted its proposal every year following but continued to be ignored by the government who, at the same time made public, its engagement with aligned unions in the sugar industry.
The labour ministry’s role is to conciliate in labour disputes. However, both Chief Labour Officer Chief Labour Officer, Mr. Dhaneshwar Deonarine and Minister of Labour, Joseph Hamilton took a hands-off approach for the past three years.
Kissoon in his examination of the case pointed out that in the extant situation the teachers asked for bread but were given stones.
The teachers’ 29 days strike was aimed to have the education ministry engage their union in collective bargaining. Instead of meeting to negotiate, key government officials threatened and insulted the striking teachers and their union. President Irfaan Ali told the teachers they must has a conscience and his government will not be bullied.
In opposition, during a parliamentary presentation, Ali said teachers should get at least 50 percent increase in salary. In oil-rich Guyana, the Ali government has imposed 6.5 per cent increase pay on public service workers and refuses to engage the GTU, the Guyana Public Service Union (GPSU), Guyana Bauxite and General Workers Union (GB&GWU) and other unions independent of government control.
Attorney General and Minister of Legal Affairs Anil Nandlall S.C. has since retaliated in what more looks like rage the Government lost the case, than acceptance their actions violated the workers’ rights, the Constitution and Laws of Guyana. He has since signalled Government’s intent to appeal a decision in favour of Guyanese workers.
