By Mark DaCosta- The Guyana Court of Appeal’s refusal to grant the government’s request for a stay on a High Court ruling that mandates the continued deduction and remittance of union dues to the Guyana Teachers’ Union (GTU) has set off a legal and political storm. While the union has praised the decision, the government, led by Attorney General Anil Nandlall, has raised concerns over the implications of the ruling and vowed to challenge it further.
On January 21, 2025, the Guyana Court of Appeal ruled against the government’s application to suspend a previous High Court order, which required the administration to resume automatic deductions from the salaries of teachers who are members of the GTU. The union had fought for this order after the government stopped these deductions, allegedly in retaliation for the union’s involvement in a prolonged strike. The strike, which aimed to pressure the government into negotiating higher salaries and better benefits for teachers, had escalated tensions between the union and the administration.
Darren Wade, representing the GTU, celebrated the decision, stating that the ruling affirmed the balance of justice was in favour of the union. He noted that if the stay had been granted, it would have caused significant prejudice to the union, potentially jeopardising its finances. The Court of Appeal’s decision also highlighted the importance of upholding judicial rulings and ensuring that the government adhered to its legal obligations.
The controversy stems from the government’s cessation of the automatic deductions in 2023, which it defended on the grounds of the GTU’s alleged failure to provide proper financial accountability. Chief Education Officer Saddam Hussain publicly stated that the union had not submitted required financial records to the Auditor General since 1989, nor to the Registrar of Trade Unions since 2004. The government has cited these lapses in transparency as justification for halting the deductions, insisting it should no longer provide this service to the union in light of its legal duties regarding transparency and good governance.
In response, Wade has said that the union is now exploring its options to enforce the High Court’s ruling, accusing the government of contempt of court for defying judicial orders. “The government’s ongoing refusal to comply with court orders undermines public confidence in the judiciary,” Wade stated, emphasising the severity of the government’s defiance.
The situation began to unfold when Justice Sandil Kissoon of the High Court issued an interim order on February 22, 2024, preventing the government from stopping the deductions. By April 17, 2024, Justice Kissoon had made the order permanent, directing the government to resume the deductions and remit the dues to the GTU. The latest appeal ruling further complicates matters as the government now seeks to overturn this decision.
Attorney General Nandlall, commenting on the Court of Appeal’s decision, questioned the judgment, suggesting that the ruling was contrary to past decisions. Nandlall explained that, based on his legal advice, the government believed it had strong grounds for appeal and that the case raised significant legal questions. He expressed surprise that the Court of Appeal had ruled against the stay, given what he described as the government’s solid prospects for success on appeal. Furthermore, he noted that the government had already been unsuccessful in a similar case involving the Guyana Public Service Union (GPSU) in 2000, where the court upheld the government’s right to stop automatic union dues deductions.
Nandlall’s comments indicated that the government intends to pursue the matter further, with plans to appeal to a full panel of judges in the Court of Appeal and ultimately to the Caribbean Court of Justice (CCJ). He referenced previous decisions by the Court of Appeal, including one involving the GPSU, where the court had ruled in the government’s favour, and argued that those rulings should inform the current case.
The standoff between the GTU and the government is far from over, with both sides preparing for a lengthy legal battle. For now, the GTU has vowed to continue its fight to secure the remittance of its dues, while the government remains resolute in its intention to challenge the legal basis for the deductions. The outcome of this case will have significant implications for the rights of unions and the government’s obligations towards them in the future.
