The Labour Division of the Accra High Court has fixed March 9, 2022 to rule on the application for enforcement of directive from NLC challenging the legality of UTAG strike.

This was after the parties had made legal submissions on the application filed by NLC.

Meanwhile, an application filed on February 18 by UTAG to have the court set aside its order for interlocutory injunction was withdrawn.

EIB Network’s Court Correspondent Murtala Inusah reports that, the date given by the court to rule on the matter does not impact on the notice to suspend the strike issued by UTAG on February 21, 2022.

In court on Tuesday, February 22 2022, it is the case of the NLC that the strike declared by UTAG last January 10 was illegal because the Union did not follow due process as set out in the Labour Act.

According to Effiba Amihere, Counsel for the NLC the issue  for which UTAG embarked on strike-out had already been settled.

Counsel argued that, it was a news report that drew NLC attention that UTAG was embarking on the strike because it complained of an alleged failure by the Fair Wages and Salaries Commission to furnish members with the Labour Market Survey report.

On the contrary, she did, the report had already been supplied to UTAG but according to the Association the report came in late.

Counsel argued that, following the reportage, the NLC invited the UTAG, FWSC, and other stakeholders like the Ministers of Education, Finance and Employment and Labour Relations to a meeting to resolve the issue.

She told the court that, at the said meeting UTAG also alleged that it had served notice to the NLC of its intention to go on strike but further investigation revealed otherwise.

Counsel argued further that, UTAG had other pertinent issues that needed to be addressed and accordingly directed the Association to call off the the strike and submit all outstanding issues for redress.

She told the court that, this was agreed upon by all parties and so the NLC was surprised that UTAG defied directives to call off strike.

*Violation of Labour Act*

Opposing the motion, Counsel for UTAG Kwesi Keli-Delataa disagreed with the submission by counsel for NLC.

He contended that, the hearing of the NLC which led to the directives was gravely flawed on the grounds of procedure.

Counsel argued that, the invitation sent to the parties in itself constitute a violation.

Lawyer Keli-Delataa submitted that if a statute is breached, the court cannot endorse it.

He further argued that the NLC did not act fairly and reasonably by failing to give UTAG reasonable notice as required under principles of natural justice.

Counsel was of the view that claims by the NLC that UTAG violated the Labour Act will be irrelevant if the court finds that the Commission breached statutes and on that basis, the application must fail.

Mr Keli-Delataa further submitted that the application lacks merit and incapable of judicial enforcement.

Source: Kasapafmonline.com/Murtala Inusah

Source: Kasapafmonline.com/Murtala Inusah