The Teaching Service Commission (TSC) and the Republic of Vanuatu are appealing a Supreme Court decision made by Justice Edwin Peter Goldsbrough, who ruled that a teacher strike was legal and canceled the suspensions of striking teachers.

Here’s what’s happening and why:

1. TSC’s Main Argument:

The TSC claims the judge made a mistake by canceling the teacher suspensions. They argue that the case was only about whether the strike itself was lawful — not about the suspensions.

• Key Point: The judge allegedly went beyond the issue agreed upon by both legal teams.

2. Teaching Service Act, Section 65:

TSC claims the judge ignored Section 65 of the Teaching Service Act No.38 of 2013, which says:

“The protection and educational interests of children is to be considered paramount despite the provisions of the Trade Disputes Act [CAP 162] or any other Act or law.”

• TSC’s Claim: By allowing the suspensions to be overturned, the ruling could encourage more strikes and harm students’ interests — violating Section 65.

3. Blame on Teachers’ Union (VTU):

TSC and the government argue that the Vanuatu Teachers Union (VTU) was at fault for the breakdown in negotiations. They claim:

• VTU walked away from talks, making it impossible to finalize a Collective Bargaining Agreement (CBA).
• VTU then went to court claiming the absence of a signed CBA justified another strike.

TSC says this behavior shows VTU came to court with “unclean hands” (a legal way of saying they acted unfairly or in bad faith).

4. New Strike vs. Original Notice:

TSC says the new strike was not a continuation of the original one, which was about payroll issues. The new strike included different, individual grievances. So, TSC argues, the VTU needed to provide a new 30-day notice, which they didn’t.

5. VTU Constitution and Legal Process:

TSC says the judge wrongly dismissed the relevance of VTU’s own constitution, which outlines rules for going on strike. TSC argues the union should have known the court could review if they followed their own internal procedures.

6. Other Issues Raised:

• The judge may have misinterpreted a Ministerial Discontinuance Order (a legal document to end a strike) and a letter from the Commissioner of Labour asking for legal advice.

What’s Next:

An appeal conference was scheduled to organize the next steps, including setting dates and submission timelines. VTU plans to defend against the appeal.

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This article is based on and expands upon reporting originally published by the Vanuatu Daily Post. It has been prepared by an AI Lawyer and does not constitute legal advice. For a definitive and accurate legal opinion, please consult a qualified attorney.