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Organised Labour unhappy with High Court ruling
Accra, Feb. 19, Ghanadot/GNA - Mr Kofi
Asamoah, Acting Secretary General of the Ghana Trade Union
Congress (TUC) said on Tuesday the ruling of the High Court
in the case involving the National Labour Commission (NLC)
and the Ghana Telecom did not reflect the true intentions of
the relevant provisions of the New Labour Law or the
legislative history of the Law.
He said the Labour Act 2003 was a negotiated enactment of
enlightened compromise, which was enacted after extensive
negotiations and consultations between the social partners
namely government, employers and organized labour
to promote industrial peace and harmony through the
balancing of the legitimate interest of the social partners.
That, he said, accounted for the detailed provisions and the
duties and rights of both employers and employees, the
provision on fair termination and unfair termination and the
revolutionary remedy of reinstatement in the case of unfair
termination.
The High Court, Fast Track Division in Accra in its ruling
on January 18, this year, held that under the Labour Act
2003 (Act 651) there was no duty on the employer to provide
any reason for the termination of employment of an employee,
adding, that a contract of employment, not being a contract
of servitude, could be terminated at any time with or
without reason, provided appropriate notice of termination
was served in accordance with the contract of employment.
Mr. Asamoah, who was commenting on the ruling at a press
briefing said the issue of termination with or without
reasons was one of the thorny issues that engaged the full
attention, discussion and negotiation of the social
partners.
"At the end of the consultations, it was concluded and
agreed by the social partners that there was the need to
shift from the old common law position that an employer was
under no obligation to give reasons for terminating the
employment of a worker to a new and modern approach.
"This outcome resulted in the provisions on grounds of
termination, fair and unfair termination in sections 15, 62
and 63 of the Labour Act and was aimed at ensuring security
of employment," he said.
He said even though the government had not directly ratified
that convention, it was the view of the Labour front that
the provision of the Labour Act sought to incorporate its
beneficial outcome in Ghana Municipal Law.
"----- and indeed the High Court, which is specifically
designated under the Constitution of Ghana as the Human
Rights Court ought to lead the way by giving effect to the
intendment of the framers of the Labour Act 2003 on this
crucial human right question," he said.
Mr Asamoah said the efforts made by the parties to move away
from the archaic common law which were intended to address
the glaring injustices and abuses that workers suffered as a
result of the operation of the old position and its
unrealistic principle of mutuality, which in reality left
workers completely vulnerable to the whims and caprices of
the employer.
"We note with regret that the decision of the High Court,
Fast Track Division, Accra is not informed by these relevant
and important considerations. Rather, it gives no meaning to
the new approach agreed by the social partners as envisaged
in the new law.
"The decision reverts the country to the old discredited
common law position, which the Labour Act signalled a
departure from. As a result, the historic gain achieved in
the Labour Act is threatened with being rendered nugatory in
one stroke by this ruling of the High Court," he added.
He said the new approach was also intended to bring Labour
Law in that respect in line with best international practice
and ILO norms and called on the government to ratify without
further delay ILO Convention 158 for the avoidance of
further doubt on the issue.
After the briefing, a group made up members of the Organized
Labour later embarked on peaceful demonstration wearing
placards some of which read, "Illiterate judgment. Dismissal
without reason, Honourable wigs can't take workers for
granted, We no sit down for judges to manipulate the Labour
Act, unemployment everywhere, we are not in the jungle,
Labour Commission - bite, Don't bark", to press home their
disagreement with the ruling.
GNA
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