Court to hear teachers’ strike legality case in May

Jan 31, 2025 | News | 0

The Supreme Court will hear the Judicial Review (JR) case regarding the lawfulness of the strike initiated by the Vanuatu Teachers Union (VTU) in May.

A conference was held at 8:30am yesterday between Judge Edwin Peter Goldsbrough and the parties involved, VTU and the State Law representing the Teaching Service Commission (TSC).

The court agreed that there is an arguable case and scheduled May 19 and 20 to hear it, said the VTU Secretary General (SG), Jonathan Yona.

Over 600 teachers who are suspended or terminated will still receive salaries and entitlements until the JR is resolved. This was granted in orders made by Judge Goldsbrough last month, following an application for stay filed by VTU.

SG Yona said many of the teachers have had their salaries resumed, with over 100 still pending.

The Ministry of Finance and Economic Management (MoFEM) confirmed that the remaining teachers will receive theirs this payday, he said.

With the 2025 academic year starting on Monday, SG Yona said the teachers will remain on strike unless a Collective Bargaining Agreement (CBA) is signed with the Labour Department and the Ministry of Education and Training (MoET).

“CBA is the solution to a trade dispute.

“VTU will end the strike once the CBA is signed. If it is not signed, teachers will not return to the classroom,” he said.

“I am calling on all VTU members, including those who are not yet suspended, to remain on strike and not return to the classroom on February 3.

“I am also calling on the Provincial Education Officers (PEOs) to respect the teachers’ right to strike and not threaten them.”

Meanwhile, on December 12 2024, TSC and the State Law applied for leave to appeal against the interlocutory orders of November 28, which stayed the suspension and dismissal of some of the teachers, but their application was refused.

The proposed appeal focuses on an abuse of progress argument related to the earlier application for relief, which was refused on September 10, 2024.

In that decision, the court determined that the application was premature.

The court heard that since then, much has changed, and it is now clear that the disciplinary proceedings are based solely on the participation in the strike.

More teachers have been suspended, some reinstated, while others dismissed.

“In my view, seeking to renew an application based on a change in circumstances is not an abuse of process.

“Nor can the applicants be said to be judge-shopping, given that the same judge heard the further application…,” Judge Goldsbrough stated in the verdict of December 16.

“…Finally, the disciplinary proceedings are not interdicted, merely the suspension.

“The subsequent dismissals are challenged as final orders. Given that the first defendant had the option not to suspend pending the disciplinary proceedings, it cannot be correct to submit that the effect of the interim relief is to render the disciplinary proceedings themselves nugatory.”

While the appeal is refused, the application can be brought again before the Court of Appeal.

The counsel should notify the Registrar of the Court of Appeal before the February 2025 sitting.

SOURCE: VANUATU DAILY POST

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A prison sentence is not a child protection plan The Ministry argues that reports of criminal convictions reveal much less about what happens to the children themselves after abuse is discovered. “The cases reported in the newspapers tell us something about how Vanuatu’s criminal justice system responds to child sexual abuse. But they tell us much less about what happens to the children themselves,” MOJYCS says. Referring to the five-year-old girl whose father was sentenced for sexually assaulting her, the Ministry says the court’s decision explains the consequences for the perpetrator but does not establish what protection was put in place when the abuse came to light, whether other children were at risk or what support was available to help her recover. These questions, the Ministry says, are just as important as the criminal prosecution. The MOJYCS describes a situation in which a girl tells her teacher that someone at home has been sexually abusing her. She is frightened to return home, her mother may be financially dependent on the perpetrator, and younger children in the household may also be at risk. “The police can investigate the crime. But who assesses whether she is safe to go home that afternoon? Who helps her family find a safe way forward? Who ensures she receives medical care, counselling and ongoing support? And who follows up to make sure she remains safe?” the Ministry asks. “These questions cannot wait months or years for a criminal trial to conclude.” Vanuatu already has laws criminalising rape, incest and other sexual offences. Police, prosecutors and courts play an essential role in investigating crimes and holding perpetrators accountable. However, the MOJYCS says criminal investigations and child protection responses serve different purposes. “A criminal investigation asks whether an offence was committed and who is responsible. A child protection response must ask a different, equally urgent question: is this child safe, and what needs to happen now to protect them?” the Ministry says. “Protecting a child must begin when abuse comes to light, not when a perpetrator is convicted.” The Ministry says this is why the proposed Child Protection Bill matters. The Bill seeks to establish a stronger legal framework for protecting children at risk of abuse, neglect and exploitation. It would establish clearer reporting responsibilities, strengthen the authority of child protection officers to assess and respond to abuse, and provide mechanisms for emergency protection, court orders and safe alternative care. The MOJYCS says these measures would establish clear responsibilities and provide the legal authority needed to intervene when a child is in danger. “A child who discloses sexual abuse needs more than a police investigation. That child needs to be safe tonight, tomorrow and in the months and years that follow,” the Ministry says. Parliament has an opportunity to act The MOJYCS recognises that families, chiefs, churches and communities all have important roles in protecting children. However, it says informal arrangements and goodwill are not always enough when abuse occurs within a family or community. Children need a system with clear legal responsibilities, trained professionals and the authority to intervene when their safety is at risk, the Ministry says. It also cautions that legislation alone will not end child sexual abuse. A strong Child Protection Bill must be backed by trained child protection officers, accessible services, effective referral pathways and sustained investment, including in rural and remote communities. Without these investments, the MOJYCS warns, the promise of stronger legal protection risks remaining just that — a promise. For children experiencing abuse, the Ministry says, the issues are not abstract questions about legislation or government responsibilities. They concern immediate safety, dignity, care and recovery. The MOJYCS says a child’s access to protection should not depend on where they live, whom they know or whether someone happens to be available to help when they disclose abuse. “To the MPs who will consider the Child Protection Bill this month: the children behind these headlines deserve more than our concern. They deserve action,” the Ministry says. “Vanuatu cannot undo the abuse these children have suffered. But it can decide what happens when the next child comes forward. “Pass a strong Child Protection Bill. Commit the resources needed to make it work. And ensure that when a read more…

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