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    Vanuatu Court of appeal

    Vanuatu Court of appeal

    Govt to Appeal Supreme Court Ruling

    PORT VILA, 3rd June 2025 – Following the decision of the Supreme Court in Case No.24/2752 between the Teaching Service Commission and the Vanuatu Teacher’s Union and its members, the Government has made its intentions known that it will appeal the decision, with the aim of overturning it because of the potential ramifications that the ruling could have on the future of the country’s education system and the overall Government workforce.

    The Government, named as Second Defendant in the case, expresses deep dissatisfaction over the outcome, especially at the manner in which the case was handled and presented before the Supreme Court. As a result, it has so far sought advice from a private lawyer to act on its behalf at the Appeal Court level.

    It was apparent from the Supreme Court decision that the interests of the Vanuatu Education Sector and of the Government as a whole were not properly covered by way of documents pleaded and evidence presented, resulting in Mr Justice Edwin Goldsbrough noting at paragraph 35 of his decision:

    “In some instances, the parties have won or lost through inadequate pleadings…This is less that a court should expect from counsel.”

    Both Minister for Education Johnson Simil and Deputy Prime Minister Johnny Koanapo who is also Minister for Finance met today to discuss possible ways forward and have urged all teachers nationwide whose names are not listed in this week’s court judgement to refrain from joining on the VTU bandwagon, saying any such action could have very detrimental effect on their careers.

    “Those who have not lodged any claims must remain loyal to their duties and responsibilities. We will not hesitate to take action against anyone found to be in disobedience of our instructions.”

    The Ministry of Education is also aware of members of the Union going round in schools trying to persuade teachers who have not been part of the strike to join in the fray.

    “We wish to categorically state that we will not treat this lightly because such approaches unsettle both the teachers’ capacity to deliver on their lesson plans, and disrupts student learning.”

    The Government remains steadfast in its commitment to settle what the teachers are legally owed and confirms that all claims submitted thus far have been verified as of 31st of May and payments are being processed.

    The total sum already paid out thus far amounts to close to Vt2 billion vatu – a marked contrast to the original figure bandied around 17 and 20 billion Vatu trumped up at the start of the strike.

    The Government notes that a large majority of the claims could not be assessed due to lack of proper justification and/or documentation during the verification process.

    “We wish to reiterate that the Government can only follow what was approved as the proper payment plan and endorsed by the Council of Ministers,” says the two Ministers.

    Meanwhile, the claims left to be processed fall under four main categories. These are Death in Service, Principals and Deputy Principals allowances, Zone Curriculum Advisers Allowances and Partial Severance – the latter to be paid provided there is available budget.