High Court Rules Against Government's Unilateral Changes to Employment Orders: Landmark Decision

In what is being described as a landmark decision, the High Court has ruled that Government cannot unilaterally make changes to the General Orders governing employment.

In a two-part civil suit brought by nine teachers against the Ministry of Education back in 2017, the educators claimed that there was a unilateral change in their terms and conditions “occasioned by the suspension, termination or discontinuation of the grant of one term’s vacation leave with full pay as provided by General Order 5.1”.

The second part of the suit pertained to Government’s docking of pay during the same period for teachers attending a union meeting. However, Government in 2020 made restitution in this matter.

“Government’s failure to consult with the teachers (through their unions) amounted to a breach of their legitimate expectation (procedural) to be consulted,” Justice Shona Griffith wrote.

While the judge did not set aside the change in policy, Government was ordered to carry out consultations with the teachers’ unions to devise a new one. (CLM)