Office of the Attorney General files urgent application to stay nationwide teachers’ strike

The Office of the Attorney General has filed an urgent application in the Supreme Court seeking to temporarily halt the nationwide teachers' strike and require educators to resume their duties.

The Office of the Attorney General (OAG), acting on behalf of the State, filed an urgent application in the Supreme Court on Tuesday to halt the nationwide teachers’ strike. Acting Attorney General Christopher Tavoa submitted the application, requesting a court order that would temporarily stop the industrial action and require teachers to resume their duties pending a final legal determination.

Last Friday, the OAG initiated civil case No. 2967 against the Vanuatu Teachers Union (VTU). The civil filing seeks a court declaration that the union breached provisions of the Collective Bargaining Agreement signed in December last year alongside this year’s Memorandum of Conciliation. The State is asking the court to rule the industrial action unlawful and order that the strike be called off.

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According to the urgent application, the claimant argued that there are serious legal issues for the court to address, specifically regarding whether the agreements were breached and whether the strike complies with the law. The filing noted that the requested orders aim to ensure students’ right to education remains unaffected while the legal dispute is resolved. The ongoing strike has disrupted teaching and learning, with more than 330 teachers recorded as either absent or present at school without teaching since the action began.

The underlying dispute stems from a four-year Collective Bargaining Agreement signed in December 2024 by the VTU and the Teaching Service Commission to address payroll management, unpaid entitlements, and working conditions, backed by a government commitment of VT4.25 billion. In June, the union issued a 30-day strike notice under the Trade Disputes Act, citing failures to pay members according to the 2024 Government Remuneration Tribunal salary scale and to establish a Joint Monitoring Committee. Although a Memorandum of Conciliation was signed in July to resolve salary alignment and outstanding allowances by September 11, the union declared the strike on September 23 over the alleged failure to provide aggregate data on all payments.

The OAG stated in its application that attempts were made to arrange a meeting to provide the aggregate data between September 8 and September 22 without success. The applicant’s lawyer subsequently wrote to the respondent’s legal representative on September 28, delivering all aggregate data, requesting that the strike be called off, and warning of impending legal proceedings. VTU lawyer Andrew Bal informed legal representatives that he would file a notice of appearance and request an extension until Monday to submit the union’s response, as key executives are currently overseas on official duties.

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