Audio By Carbonatix
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.
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