JTA immediate past president files lawsuit seeking declaration that online voting to accept wage offer was unlawful

La Sonja Harrison, the immediate past president of the Jamaica Teachers Association, (JTA) has filed a suit in the Supreme Court seeking a declaration that the online voting in March 2023 at the purported special conference to accept the government’s wage offer is unlawful null and void.

Ms. Harrison contends that the vote that took place was not in keeping with the JTA’s constitution and is seeking declaration that it is unlawful and of no legal effect.

A declaration is being sought that under the constitution of the JTA, any special conference convened must be held with the physical presence of all delegates who participated in the vote and not by virtual voting.

Ms. Harrison is also seeking a declaration that under the constitution there is no provision for a virtual conference to be convened as a form of special conference pursuant to section 14 of the JTA’s constitution.

Ms. Harrison’s attorney Hugh Wildman said the JTA which is the respondent has been served with the claim.

Mr. Wildman explained that if Ms. Harrison is successful in getting the declarations sought then whatever was accepted by the teachers would have to be reversed and the negotiations start over.

The salary negotiations began in 2021 when Winston Smith was the JTA president.

He served from 2021 to 2022 but the negotiations were incomplete.

According to court documents, Ms. Harrison said when she became president in 2022, she continued the negotiations which became the subject of public discussion..

She said she sought to have consultations with teachers in the 14 parishes to get their responses to the finance ministry’s proposal.

Ms. Harrison disclosed in court documents that having obtained legal advice on the issue, she brought the irregularity of the voting to Secretary General Dr Mark Nicely in March 2023.

She stated in the claim that the articles and memorandum of association of the JTA at the Companies Office of Jamaica do not reflect any permission for a vote other than by physical appearance.

Ms. Harrison will be asking the court to find the acceptance of the salary package, void on the basis that the JTA was not properly constituted in carrying out the vote to accept the government’s offer.

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