The Vanuatu Teachers’ Union (VTU) returns to court tomorrow for a crucial Court of Appeal hearing. It is defending its major Supreme Court win from May 2025, where the Teaching Service Commission’s (TSC) decision to suspend striking teachers was quashed and the industrial action was declared lawful.

After reviewing the legal arguments, evidence, and relevant legislation, VTU appears to have approximately a 60% chance of winning the appeal. Below is a breakdown of why its legal position remains strong.

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Foundation from the Supreme Court

Justice Edwin Peter Goldsbrough ruled that the strike resumed in August 2024 was a lawful continuation of the initial action, meaning no new 30-day notice was required under the Trade Disputes Act. The ruling was thorough, grounded in procedural fairness, and consistent with international labour conventions.

This judgment presents a high legal threshold for TSC to overcome on appeal.

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TSC’s Appeal Arguments

The Teaching Service Commission, joined by the Republic of Vanuatu, is appealing on several grounds:

1. The strike was a new action, not a continuation, and thus required a new 30-day notice.
2. VTU breached its own constitution, including failing to conduct a secret ballot.
3. Section 65 of the Teaching Service Act mandates that the best interests of children override other rights.
4. Judicial error, including the judge going beyond agreed issues and disregarding evidence from TSC’s leadership.

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Why VTU Still Has the Upper Hand

• The Supreme Court’s reasoning is supported by union notices and timelines showing continuity in purpose.
• Allegations of constitutional non-compliance were dismissed as procedurally irrelevant or not properly raised.
• The court’s findings align with Vanuatu’s obligations under ILO Conventions 87 and 98, which protect lawful union activity.
• TSC’s invocation of Section 65 will require direct evidence that the strike harmed children’s education in a way that justifies overriding workers’ rights.

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What to Watch in Tomorrow’s Hearing

• Will the Court of Appeal accept TSC’s argument that the strike was fundamentally new?
• Can TSC prove that VTU’s procedural missteps breached binding obligations?
• Will Section 65 be interpreted as a trump card over established labour protections?

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Conclusion

While TSC has raised important policy and procedural arguments, it faces an uphill legal battle. The trial judgment was detailed and backed by international labour standards. Barring clear legal or factual errors, VTU is well-positioned to maintain its win.

Estimated probability of VTU success: 60%

The outcome of tomorrow’s appeal will have wide-reaching implications for union rights and the limits of administrative power in Vanuatu’s education system.

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