[ 2014-10-25 ]

Gov't sues 12 labour groups over strike
Government has brought a suit against 12 labour
groups in the country over their strike that has
left many public institutions completely or
partially shut.

The Attorney-General and Minister of Justice is
seeking a declaration that the strike is illegal
and an order to public sector workers to return to
work.

Mrs Marietta Brew Oppong-Appiah is asking the
court for an "order that the defendants jointly
and severally pay to government as employer any
financial or economic loss suffered by government
during the pendency of the strike."

Public sector workers across the country declared
a strike in protest against government's decision
to manage their second tier pension funds.

They say the decision is in contravention of the
Pension Law but the A-G in her statement of claim
is seeking a "Declaration that on a true and
proper construction of Section 129 and 211 of the
National Pensions Act, 2008 (Act 766), government
is the employer of all public sector workers and
is consequently entitled to appoint a trustee or
trustees in relation to the Second Tier Pension
Scheme."

The workers believe that it is their right to
manage their Tier Pension funds or at least
appoint their own trustees to manage the funds.

The government disagrees.

The A-G is seeking an alternative declaration that
"upon on a true and proper construction of Section
129 and 211 of the National Pensions Act, 2008
(Act 766), neither an employee nor a
representative of such employee is by law entitled
to sponsor an employee-sponsored scheme or a
master trust scheme in relation to the Second Tier
Pension."

Deputy Attorney General Dominic Ayine insisted on
Joy FM’s Top Story Friday that under the law
government is the employer of all public sector
workers with the right to sponsor a scheme and
appoint a trustee to manage it.

He indicated that the government will continue
with the court case even if the labour unions call
off the strike.

“If they call off the strike it doesn’t mean
the issue has been resolved, we want a definitive
pronouncement from the courts as to who is the
employer of public sector workers…there is a lot
of misinformation going about the role that
government plays. And so we want the court to be
able to adjudicate this matter and settle it once
and for all,” he explained.

But workers are “unmoved” by the court
action.

“We have embarked on a legitimate action. We
believe their case will fall flat in their
face,” Dr Justice Yankson, the Deputy General
Secretary of the Ghana Medical Association said.

While the government is accusing the unions of
disregarding Act 651 of the Labour Act and also
embarking on illegal strike, labour is also
accusing government of “circumventing” the
processes outlined by the National Labour
Commission and resorting to court.

Source - Joy News

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