Court throws out NLC's suit against POTAG

Saturday, November 13, 2010
By Stephen Kwabena Effah

The Accra High Court has thrown out the suit brought against the striking Polytechnic teachers by the National Labour Commission (NLC) describing its directive to the teachers as “arbitrary and pre-mature.”

The Labour and Industrial Division of the court, in dismissing the NLA’s suit against the Polytechnic Teachers Association of Ghana (POTAG) yesterday said it found no reasonable grounds to grant the reliefs sought.

It consequently ordered the NLA to appoint a mediator within seven days from yesterday, to meet with the Fair Wages and Salaries Commission (FWSC) and POTAG to settle the striking teachers’ unresolved issues of conditions of service.

The presiding judge, Justice Kwabena Asuman-Adu said there was the need for the industrial impasse between NLC and POTAG to be resolved for industrial harmony to prevail, and urged that “the dispute is settled in good faith”

He, therefore, appealed to the teachers who have been on strike for the past month, to return to the classrooms in the interest of the students and the nation.

No cost was awarded.

Meanwhile, the Court’s ruling yesterday brought relief to the large number of POTAG members who thronged the court.

The NLC last month sued POTAG seeking to compel the teachers group to enter into compulsory arbitration with the FWSC following POTAG’s refusal to comply with its directive of October 15.

But the court held that the NLC erred in directing POTAG to go into “compulsory voluntary arbitration,” saying “there is nothing in the Labour Act like compulsory voluntary arbitration…so this court is in a fix as to the specific Act the applicant want this court to enforce”.

The court advised adjudicating institutions to make their orders “specific and unambiguous”.

It held that the NLC could come to court to compel a party to comply with its directive only when all procedures under the Labour Act have been exhausted, noting that in the substantive case, it failed to do so.

Further, the court said from the evidence available, there was no doubt that POTAG condition of service had expired since 2006.

The court said it found evidence that POTAG had at all times been ready for negotiations with the FWSC, and it was the latter which had not shown readiness for the negotiation process.

“It is surprising the applicant is seeking this order when nothing is done with the FWSC which has not shown any commitment,” the court observed.

Shortly after the ruling, General Secretary of POTAG, Anthony Ayakwah, told journalists they were happy with the courts decision, which he said has vindicated them, adding “it showed we were being treated as irrelevant”

Touching on the court’s plea to them to return to the classroom, he said, the decision rest with the General Council of POTAG, which he said, is expected to meet today to decide on the next line of action.

He also welcomed the intervention by the Parliamentary Select Committee on Education, indicating that the MPs had always wanted government’s intervention in the matter.

The NLC initiated a legal action against POTAG for refusing to comply with its October 15, directive to POTAG to enter into compulsory arbitration to resolve their terms and conditions of service which had expired since 2006.

POTAG in a letter to the NLC dated August 25 raised issues with the suspension of the migration of the polytechnic staff to the Integrated Payroll Database (IPPD) 2 of the Controller and Accountant's Department, and discussion of unresolved issues in their conditions of service.

The NLC invited the FWSC and POTAG for a hearing on the issues raised by POTAG at which it directed the FWSC to meet POTAG to address the concerns of the teachers and thereafter report to the commission.

However, POTAG in a letter dated October 16, 2010, registered its protest against the NLC’s directive and questioned why POTAG should return to the classroom and at the same time be directed to go for arbitration.

When contacted by the Times to find out the NCC’s reaction to the ruling, the Executive Secretary of the NCC, Emmanuel Briku-Boadu, said the seven member commission will meet to take a decision on the issue.