Today, Justice Sandil Kissoon granted a Notice of Application filed by the Guyana Trades Union Congress (GTUC) to intervene and or join the legal proceedings filed by the Guyana Teachers Union against the Government of Guyana.
Justice Sandil Kissoon rejected the contention by Mr. Darshan Ramdhani, K.C., who appeared on behalf of the Attorney General of Guyana and argued that the GTUC ought not to be joined as the GTUC did not have any legal interest in the said legal proceedings and could not make any useful contribution to the legal proceedings.
Mr. Roysdale Forde, S.C., representing the GTUC argued that the said GTUC had a legitimate and sufficient interest in the legal proceedings which was filed by the Guyana Teachers Union.
Justice Sandil Kissoon was of the view that the Notice of Application and the Affidavit in Support of the GTUC had detailed its interest and was not to be regarded as a meddlesome busybody.
The Affidavit in Support of the Notice of Application outlined the following facts and circumstances:
- The Guyana Trades Union Congress was formed in 1941 as the British Guiana Trades Union Council as a national umbrella organisation for Trade Unions.
- The Guyana Trades Union Congress is registered under the Trade Unions Act Cap. 98:03.
- That the Guyana Trades Union Congress is the largest umbrella organisation of Trade Unions in Guyana and at the present time has as its members 14 (fourteen) Trade Unions.
- The members of the Guyana Trades Union Congress, as Trade Unions are all required by law to engage in the process of collective bargaining with Employers including the Government of Guyana in its capacity as an Employer.
- The Guyana Teachers Union’s legal proceedings raises legal issues with respect to:
-The legality of a strike;
-The competence of an Employer, inclusive of the Government of Guyana as an Employer to deduct from striking workers’ salaries sums of money for days they were on strike;
-The competence of an Employer, inclusive of the Government of Guyana as an Employer not to deduct and remit dues from members of Unions;
-The function, role and exercise of the statutory powers conferred on the Minister of Labour and the Chief Labour Officer under the Labour Act;
-Whether the conduct of the Government as an Employer has been consistent with the process of collective bargaining consistent with Section 23 (1) of the Trade Union Recognition Act Cap. 98:07.
Mr. Forde, S.C., contended that:
- The aforesaid legal issues set out above would involve the examination of the nature of and extent of the Constitutional fundamental Rights of Association and Assembly, property and the Constitutional rights of Trade Unions to enter into Collective Agreements and their workers to strike.
- The determination of the aforesaid significant and important legal issues would impact the operations of each of the constituent members of the Guyana Trades Union Congress and the rights of the approximately 27,000 Employees who are members of the members Unions of the Guyana Trades Union Congress.
- Considering the decisions which are under challenge by the Guyana Teachers Union, the Guyana Trades Union Congress has an interest in each of the said decisions.
The Court also indicated as part of its Judicial Review Proceedings that it has caused the Registrar of the High Court to summons the Chief Labour Officer and the Federation of Independent Trade Union of Guyana (FITUG) to attend Court and to be made aware of the extant legal proceedings.
Objections by Mr. Ramdhani, K.C., to the exercise of the Court’s Judicial Review discretion to notify the Chief Labour Officer and the FITUG of the extant legal proceedings.
Mr. Forde, S.C., applauded the Court’s exercise of its Judicial Review discretion to notify the Chief Labour Officer and the FITUG of the extant legal proceedings.
The Court overruled the objections of Mr. Ramdhani, K.C., to the exercise of its Judicial Review discretion to notify the Chief Labour Officer and FITUG.
The Guyana Teachers Union (GTU) struggle against the Government of Guyana is hinged on the denial of their right to Collective Bargaining enshrined in the Constitution of Guyana, Article 147, which states
(1) Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of assembly, association and freedom to demonstrate peacefully, that to say, his or her right to assemble freely, to demonstrate peacefully and to associate with other persons and in particular to form or belong to political parties, trade unions or other associations for the protection of his or her interests.
The senior said a nation is governed by laws, and one expects that a lawful Government will seek to ensure good governance through adherence to rules and laws.
According to him, government is no less accountable than the citizens of Guyana for its obedience to the laws. The Teachers Union, utilising the right to protest, as enshrined in the Constitution of Guyana, Article 147 (2), which says,“ Except with his or her own consent no person shall be hindered in the enjoyment of his or her freedom to strike” is also seeking judicial resolution through the courts.
Forde said it is very unfortunate that the Irfaan Ali government chose to ignore the laws of our land by attempting to do what can best be classified as an imposition on teachers. Their action, he contended was clearly intended to deny teachers due process of collective bargaining and ultimately undermine the laws of our nation.
“Not only are they doing so presumptuously, they are also attempting to demonise teachers and present the government as the victim of bullies. Nothing can be further from the truth.” And in light of the Government, of this oil-rich country’s resistance to come to the bargaining table, after more than a month of strike action Lincoln Lewis, representing the GTUC, has submitted an application to join the case before the Court.
