Judgment favours TTUTA

LAST WEEK Justice Devindra Rampersad, sitting in the High Court of Justice in San Fernando, delivered a ruling in favour of the Trinidad and Tobago Unified Teachers’ Association (TTUTA) in a matter brought against it by the principal of the St Madeleine Secondary School arising out of certain statements that the association made about the state of affairs at the said school.

In March 2017, the claimant sought an immediate retraction and public apology, damages including aggravated and/or exemplary, and an injunction restraining TTUTA from further publishing the said or similar statements, interest, and costs.

TTUTA, in response, submitted that the court had no jurisdiction to entertain the claim brought against it. TTUTA’s defence was based on the grounds that Section 6 of the Trade Disputes and Protection of Property Act (1943) prohibited such a claim.

This section posits that any action against a trade union or against any members or officials of the trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union will not be entertained in any court.

The court agreed with TTUTA’s submission. According to Justice Rampersad, “the court cannot entertain this action, whether substantively or in relation to the injunctive reliefs sought.” As a result, he dismissed the claim and awarded costs to the association.

The judgment has far-reaching implications, not only for TTUTA, but for all trade unions in Trinidad and Tobago. It clearly signifies that civil action cannot be successfully brought against trade unions as a result of its efforts to highlight concerns and issues that may be affecting its members or in their defence.

For about five years now, TTUTA has been trying to get the Ministry of Education to address the many complaints and concerns of some of our members at the school. Despite the association’s best efforts, the ministry has failed to adequately address the concerns in spite of its statements that it has in fact done so. TTUTA recognises that the ministry is turning a blind eye to the situation, hoping it would go away. However, the problems continue to fester and will surely soon erupt once again.

While the ministry vacillates and procrastinates, the delivery of quality education, which is the core function of any school, is severely compromised. This is not surprising because a school divided against itself cannot stand. St Madeleine’s academic performance continues to plummet to such an extent that the CSEC pass rate is now just about 6.5 per cent.

TTUTA reiterates its call for a proper and independent investigation of the state of affairs at the school and for the temporary removal of the principal as a first step to facilitate this investigation. These issues have gone on for far too long to the detriment of the provision of quality education to the students of this institution.

TTUTA again demands that the ministry and TSC resolve the issues in the shortest possible time.

There can be no sacred cows in our education system.

Furthermore, TTUTA reminds all and sundry that whenever they are contemplating action against the association and its agent to ensure that such action comes down on the side of the law, especially with regard to the association’s lawful execution of its duty to its members.

In every circumstance, the association takes precaution to ensure that the actions taken are well within what is required and allowed within the legislative framework that governs its operations.

The association will not sit idly by and allow anyone or any situation to create conditions at schools that are not conducive to facilitating teaching and learning, the core functions of schools.

Its actions will always be geared towards speedy resolutions that will enable the school and its functionaries to deliver their service in the best possible conditions that will redound to the benefit of all stakeholders including the students, teachers and the wider society.

These efforts will always be done in pursuit of our aim “to promote the cause of education.”

Teachers can be assured that TTUTA will continue to resolutely defend them, without fear or favour, against any oppressive behaviour from the employer and/or its agents. TTUTA has a proud history, in the 38 years of its existence, of successfully defending its members who have had their rights infringed.

We have never surrendered before and will not do now.