The Guyana Teachers Union (GTU), in collaboration with the Guyana Trades Union Congress (GTUC), has taken legal action against several top government officials for allegedly ignoring court orders related to the deduction of union dues from teachers’ salaries.
Represented by Attorney-at-Law Darren Wade, the unions have approached the High Court seeking a contempt order against Attorney General Anil Nandlall, Finance Minister Dr. Ashni Singh, Permanent Secretary of the Ministry of Education Shannelle Hoosein-Outar, and the Regional Executive Officers (REOs) of Regions 2, 4, 5, and 6. The unions are asking the court to impose custodial sentences, arguing that the officials have failed to comply with binding court directives.
This latest move follows a key ruling from the Guyana Court of Appeal on January 21, 2025, which upheld an earlier High Court decision requiring the continuation of union dues deductions. The original ruling, issued by Justice Sandil Kissoon on April 17, 2024, found the government’s February 2024 decision to halt the deductions both unconstitutional and arbitrary. The government had been formally ordered to resume deductions and remit the funds to the GTU.
Despite those decisions, the unions allege that the responsible government officials have yet to comply. “The conduct of the REOs, the Attorney General, the Minister of Finance, and the Permanent Secretary of the Ministry of Education amounts to a flagrant and deliberate defiance of the judicial authority of the Court, a reckless disregard for the rule of law, and a continuing contempt calculated to frustrate and nullify the constitutional rights of the GTU and its members,” the unions said in court filings.
They argue that the failure to act not only violates the rulings of the court but also strikes at the heart of justice and the principle of collective bargaining, protected under Article 147(3) of the Constitution.
The case stems from a February 2024 letter issued by the Ministry of Education, which notified the GTU that the deduction of union dues via the check-off system would cease. This prompted the GTU to seek legal recourse, resulting in interim orders that later became permanent. In his landmark ruling, Justice Kissoon found the government’s actions to be in violation of several constitutional protections, including freedom of association (Article 147(1)) and protection from discrimination (Article 149(d)).
Among the key points of the Court’s April 19, 2024, final order:
The government was found to have unlawfully interfered with teachers’ rights to collective bargaining.
The decision to end dues deductions was declared discriminatory, unreasonable, and made in bad faith.
Deductions from the salaries of teachers who engaged in lawful strike action from February 5 to March 4, 2024, were ruled to be arbitrary and without legal basis.
An official order of certiorari was granted, nullifying the government’s February 6, 2024, directive to stop union dues deductions.
The unions have also submitted documentary evidence to the court in support of their contempt application. This includes the official order entered in June 2024 in the case, registered under action number 2024-HC-DEM-CIV-FDA-229.
According to the unions, the REOs in the affected regions have neither processed nor issued cheques to the GTU, despite being served with the court’s orders. They argue that this ongoing non-compliance is not merely administrative delay but a deliberate attempt to undermine the legal system and the constitutional protections afforded to union members.
The unions now await the High Court’s decision on whether sanctions—including possible imprisonment—will be imposed on the officials named in the contempt proceedings.
