Government asks Court of Appeal to set aside entire decision in GTU vs MoE case

Government asks Court of Appeal to set aside entire decision in GTU vs MoE case

The Government is seeking the overturning of the full decision handed down by Justice Sandil Kissoon in the case that was brought against the Government by the Guyana Teachers Union.

In his ruling, the Judge blocked the Government from cutting the salaries of striking teachers, and also ordered the Government to continue deducting dues from the salaries of teachers on behalf of their union, the Guyana Teachers’ Union. The Government, through the Attorney General’s Chambers, filed its appeal yesterday.

In the appeal, the Government is contending that the Trial Judge, erred and misdirected himself in law with his decision.

The Government also contends that Justice Kissoon erred in considering issues which were not properly and adequately pleaded, or pleaded at all. Further, the Government contends that the Judge also erred when he found that there is no difference between the right to strike and the freedom to strike.

In its appeal, the Government has stated that it also believes that the Judge erred when he held the position that the strike called by the union was justified and that the “no work, no pay” principle had no applicability and that the employer was required to pay wages which had not been earned.

GTU Attorney Darren Wade – GTUC Attorney, Senior Counsel Roysdale Forde and AG Senior Counsel Anil Nandlall

The Government also believes the Judge erred when he found that the Government’s decision to halt the deduction of union dues from the salaries of teachers, was unconstitutional.

The Government is also appealing the Judge’s view that the testimony of the Chief Education Officer was not credible and that the Government did not engage in collective bargaining with the union.

According to the appeal, the Government of Guyana wants the entire decision of Justice Sandil Kissoon to be set aside, including his orders and declarations, and it also wants the respondents in the matter, the Guyana Teachers Union and the Guyana Trades Union Congress to pay costs for the appeal.

Justice Kissoon handed down his ruling in April and three days ago, he provided his 134-page judgement to the Attorneys in the case.

His decision was seen as a major win for the Guyana Teachers’ Union and the ongoing strike action by the nation’s teachers.

The strike action began in February, was halted during the Court case, but has since restarted, as the two sides are still to reach an agreement to move the Conciliation process forward.

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