This conflict began in 2024 when the Vanuatu Teachers’ Union (VTU) initiated industrial action over unresolved claims and the government’s delay in signing a Collective Bargaining Agreement (CBA). The Teaching Service Commission (TSC) suspended teachers who joined the strike, leading VTU to seek judicial review. In May 2025, the Supreme Court ruled in favor of VTU, declaring the strike lawful and quashing the suspensions. The TSC, joined initially by the Republic of Vanuatu due to the case’s implications on public funds and education policy, filed an appeal. However, in July 2025, the government withdrew from the appeal, leaving TSC to continue alone, while community and kastom efforts continue to seek reconciliation as the appeal is set for hearing in August.
As the VTU vs TSC legal saga continues, many have asked why the Republic of Vanuatu initially joined the appeal but has now withdrawn, leaving the Teaching Service Commission (TSC) to continue alone.
The Government joined because the teachers’ strike case impacts public funds, education policy, and national responsibilities. However, its withdrawal signals a shift toward dialogue, reducing legal costs, and prioritizing community-led reconciliation. Meanwhile, the TSC retains the right to continue its legal challenge if it believes legal issues remain unresolved.
A screenshot of the Republic of Vanuatu’s withdrawal notice from the appeal was posted on social media yesterday, 1 July 2025, sparking public discussion on the Government’s position in this case.
Kastom Ceremony and Its Role
On 27 June 2025, a kastom ceremony was held between the Ministry of Education and the Malvatumauri National Council of Chiefs, where the President of Malvatumauri urged VTU, TSC, and the Ministry to work together to resolve the issue, as required by kastom.
How Kastom and the Constitution Interact
Vanuatu’s Constitution under Article 95(3) recognizes kastom as part of the law, and Article 30 empowers Malvatumauri to preserve kastom and advise the government. This means:
✅ Kastom can be used to promote peace and dialogue, even during legal conflicts.
✅ Courts can consider kastom efforts in dispute resolution but kastom does not override court orders.
✅ Reconciliation ceremonies help maintain community unity while respecting ongoing legal processes.
The Case Is Still in Court
Despite kastom reconciliation efforts, it is important to note that the appeal is still active and scheduled to be heard in August 2025. Until then:
- The Supreme Court’s decision declaring the strike lawful stands unless overturned.
- TSC may apply for a stay order, which if granted, would pause the enforcement of the ruling while the appeal is ongoing.
- Parties can continue dialogue, but must respect the ongoing legal process.
What This Means
The government’s withdrawal from the VTU appeal reflects a strategic decision to prioritize reconciliation and community-led solutions over prolonged court disputes. By stepping back, the government acknowledges the importance of kastom and dialogue in resolving conflicts while allowing the Teaching Service Commission (TSC) to continue its legal challenge if it believes unresolved legal issues remain.
This move does not end the case; the appeal is still set for hearing in August, and the Supreme Court’s decision remains in effect unless overturned. However, it demonstrates that the government is willing to listen to chiefs, teachers, and the community to find a peaceful resolution while respecting the legal process.
In the end, the government’s withdrawal signals a commitment to restoring education, maintaining unity, and balancing kastom with constitutional law in addressing national challenges like the VTU strike.
NOTICE OF LEGAL DISCLAIMER
The information provided in this blog is for general informational purposes only and does not constitute legal, financial, or professional advice. This content was prepared using AI assistance and has not been reviewed by a qualified lawyer. While efforts are made to ensure accuracy, information may change, and errors or omissions may occur.
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