| The Commission
in exercise of the powers conferred on it by Section 139(1)(d)
which states:
“(1) The commission shall exercise the following powers:
(d) notify employers and employers’ organisation or
workers and trade union in cases of contravention of this
Act and Regulations made under this Act and direct them to
rectify any default or irregularities.”
Direct the leadership of the Ghana National Association of
Teachers (GNAT) to advice its members who have embark on strike
action in some of the regions to call off the strike immediately
and return to work.
The striking GNAT members are to take note
that , the dispute settlement procedures are established in
ACT 651, Part XVIII, sub-Part II and so very aggrieved worker
or employer is obliged to comply with the procedures before
embarking on any industrial action – strike or lockout.
The strike action by some of the GNAT members
and the continuation of the strike action is near violation
of the Labour Law , in particular, Section 159 & 160 (1)
under the headings – Notice of intention to resort to
strike or lockout
“159. Where
(A) the parties fail to agree to refer the dispute to voluntary
arbitration ; or
(B) the dispute remains unresolved at the end of the arbitration
proceedings,
either party intending to take strike action or institute
lockout, shall give written notice of this to the other party
and the commission , within seven days after failure to agree
to refer the dispute to voluntary arbitration or the termination
of the proceedings.
160. (1) a party to an industrial dispute
who has given notice of intension to resort to a strike or
lockout under section 159 may do so after the expiration of
seven days from the date of the notice and not at any time
before the expiration of that period.”
The NLC is aware that ‘ the standing
Negotiation Committee of the Ghana Education Service (GES)
has given negotiations on the terms and conditions of the
teachers in the GES and so the action by some of the GNAT
members amount to “Unfair labour practice” under
the Law
National Labour Commission
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