By Sue-Ann Wayow
THE Ministry of Labour has been granted an injunction by the Industrial Court preventing members of the Trinidad and Tobago Unified Teachers’ Association (TTUTA) from staying away from schools on Monday to “rest and reflect.”
This was confirmed by Attorney General Reginald Armour in a press conference held on Sunday afternoon at the Government Campus Plaza in Port-of-Spain.
TTUTA is protesting against the Government’s offering of a 4% salary increase among other terms and conditions.
The application was filed at 3 pm on Sunday by the Minister of Labour and proceeded in the absence of TTUTA.
Armour said the application made was in the context of illegal action by TTUTA and the members of the teaching service.
The ex-parte application was filed pursuant to Section 65 of the Industrial Relations Act and was heard by Industrial Court president Deborah Thomas-Felix, vice-president Herbert Soverall, chairman of the Industrial Court’s Essential Services Division Lawrence Achong and member Gregory Rousseau.
In a video statement on Sunday night, TTUTA’s President Antonia Tekah-de Freitas said that TTUTA representatives were not invited to attend the hearing however their attorneys will be involved in the matter.
She urged all teachers to follow the mandate of the injunction and report for duty on Monday.
But there were reports on Monday morning that many teachers still absent at schools across the country. One teacher do didn’t report to duty at his school in the East told AZP News, “I heard what the TTUTA president had to say but I decided to take a day off today since I’m entitled to it. I decided to take a rest at home today.”
Armour said, “The Government became very concerned to make an action to the court to prevent this illegal action in the national interest.”
TTUTA’s first “rest and reflect” action started on the first day of new school term on September 5 with records showing more than 70% of teachers at primary and secondary schools staying away.
The union also took a decision to stay away from duty for the morning period last Thursday resulting in many children also staying home from school.
Aware of threats to continue the action on Monday, Armour said it was against that threat the Government took the decision to approach the court.
Armour said the teaching service is an essential one according to Section 69: 1 (d) of the Industrial Relations Act and therefore members of the service were not allowed to engage in industrial action.
“There could be no doubt on the part of TTUTA or, in fact, those advising the union, that the action that they have undertaken over the last couple weeks, since the start of the new school term, is illegal,” Armour said.
The AG added that if TTUTA or teachers breached the court’s order, they could be liable to tens of thousands of dollars in fines or even loss of employment as a result of a breach of contract.
The union he said has the opportunity to return to the court on November 24 to contest the terms of the order.
Under the Industrial Relations Act, the union could lose its certification for its illegal actions, among other consequences.
Doctors were also warned of issuing sick leave certificates to teachers to be aware of the terms of the order from the Industrial Court, as all such documents will be properly scrutinised, Armour said.
“I have the confident expectation that law-abiding citizens of Trinidad and Tobago including teachers will turn out for work tomorrow and parents of those students can expect to send their children to school and the schools will be properly staffed,” he said.
In a subsequent press release, the Ministry of Education, reiterated that the injunction order has been granted against TTUTA.
The ministry stated, “The Industrial Court ordered that TTUTA “is directed forthwith through its President and Executive to instruct and/or direct its members of the Teaching Service to report for duty on the 26th day of September 2022 and continuing as they are required to do in the normal course of their employment.”
It expects the compliance of TTUTA and all its members with the law.
“Full attendance by all students and teachers to schools across Trinidad and Tobago is therefore expected tomorrow, Monday, September 26th, 2022,” the release stated.
