GUYANA High Court Halts Govt's Bid to Cut Striking Teachers' Salaries and Union Dues Deductions

GEORGETOWN, Guyana, February 22, 2024 – In a significant ruling today, Guyana's High Court issued Conservatory Orders to prevent the Government of Guyana from reducing the salaries of striking teachers and from halting the deduction of union dues from their salaries.

Justice Sandil Kissoon, delivering the verdict, emphasized that the orders will remain in effect until the court resolves the central issue at hand. The hearing is scheduled for March 20, 2024.

The Guyana Teachers' Union (GTU) finds representation through Darren Wade, attorney-at-law, whereas the Government's interests are defended by Anil Nandlall S.C., the Attorney General and Minister of Legal Affairs. The teachers, now in their third week of strike action, aim to compel the Government to initiate collective bargaining discussions with their Union.

Contrarily, the Government has not only threatened to dock the salaries for the strike days but has also decided to stop the deduction and remittance of union dues from the teachers' salaries. Moreover, President Irfaan Ali and his cabinet have taken a stance to criminalize and vilify the teachers, accusing them of misusing cash grants allocated for classroom supplies.

The President has also made appeals for patience among teachers, controversially suggesting they ought to have "a conscience."

The dispute traces back to August 2020, when the GTU first proposed a multi-year agreement for enhanced wages/salaries and improved working conditions. Despite re-submissions in 2021, 2022, and 2023, the Government has remained unresponsive. In response, on February 16, 2024, the Union, through Wade, sought legal intervention to overturn the Government's decision regarding union dues and to affirm the legality of the strike.

The High Court's decision, preventing salary cuts and ensuring the continuation of union dues deductions, has been warmly received by the GTU. Dr. Mark Lyte, GTU President, shared on Facebook that the court's ruling mandates the Government to resume deductions and retract any directives for salary reductions.

The orders came as a relief on the 14th day of the teachers' strike, setting the stage for the comprehensive hearing on March 20, 2024.

Wade is set to file additional cases to protect teachers from any form of victimization or detriment. The GTU initiated the strike on February 5, 2024, to press the Government into negotiations for raised salaries and allowances under a proposed multi-year agreement.

Dr. Lyte expressed the Union's readiness to discuss work resumption terms and to negotiate "salary increases" with a clear timeline, aiming to conclude a three-year-long period of anticipation for better pay.

The Attorney General, Anil Nandlall, had sought a 14-day grace period from the High Court to prepare a robust opposition to the GTU's application for conservatory orders. Nonetheless, Justice Kissoon favored an expedited hearing, recognizing the urgency due to the State's challenge against the Union's filings. "We will continue to press our case without fear and favor," Dr. Lyte affirmed.

The GTU's proposal includes a 25 percent salary increment for 2019, a 20 percent increase for 2020 to 2023, and an additional performance-based incentive of 2 percent annually off the total teachers' wage bill for eligible teachers during the multi-year agreement's term.

Furthermore, the Union demands a GY$5,000 allowance for emotional/stress/risk; a GY$10,000 monthly Internet allowance; a GY$10,000 monthly allowance for teachers using their vehicles for official duties; and a fixed GY$7,000 monthly allowance for headteachers/principals for institutional business execution.

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