Labour expert Mr. Austin Gamey has backed President Mahama’s decision to annul all appointments and recruitments made into Ghana’s public service after December 7, 2024.
Speaking on the matter, he emphasized that there are due processes that must be followed before appointments can be finalized. However, he questioned whether the discussion should be framed within the context of due process, as the procedures for public sector recruitment were not adhered to.
According to Mr. Gamey, every organization operates within an “establishment” framework, which determines the number of people it is permitted to employ. When there is a vacancy, the head of the department seeking to recruit must apply for approval. The Ministry of Finance then provides clearance through a warrant before recruitment can proceed.
Following this clearance, the organization must advertise the vacancy internally or externally. Prospective employees go through an application process and then a formal interview, usually conducted by the Public Services Commission. The interview panel assigns a merit-based ranking to candidates, ensuring fairness and transparency.
“When that is over and you are employed, you are going on probation. You are not yet a full-fledged worker. You are a probationary. And if you are a probationary, you can be gone anytime.”
Mr. Austin Gamey Labour expert
In the case of the appointments that have now been annulled by President Mahama, Mr. Gamey noted that proper procedural steps were not followed.
“The only channel through which these people can be legitimized is when the transitional [terms] got going. The outgoing government should have tabled this at the transitional decision for these issues to be discussed and legitimated. Unfortunately, none of this was done.”
Mr. Austin Gamey Labour expert
He pointed out that because these appointments were made during the probationary period and without proper clearance, he argued that they were not legally binding.
Appointments Without Due Process
Mr. Gamey pointed out that any legal challenge against the annulment of these appointments would be unsuccessful.
“Anytime you are probationary, you can be gone. And so, this business about somebody not going through procedure or and so forth and so on will not hold water. You can go to any court, including the Geneva International Labour Organization. You will not win. The only people that are recruited through a particular channel are essential service workers like nurses and teachers who do not often go through this kind of rigorous interview system.”
“Some of them may genuinely have been looking for employment, and they were to be employed. But they may be favorites of the outgoing government, and they applied as Ghanaians. Normally, there shouldn’t be anything wrong. If they wanted to employ them, this should have been done some two years ago, one year ago. But employing people within a space of three months before leaving office, I think it’s more unfair.”
Mr. Austin Gamey Labour expert
Mr. Gamey further pointed out that the fiscal space in Ghana is already constrained. He referenced the agreement between Ghana and the International Monetary Fund (IMF), which included a freeze on public sector employment, except for essential services. This agreement was meant to control government expenditure and prevent financial strain on the economy.
This, he argued, made the last-minute appointments financially unsustainable and further justified their annulment.
“After all, there is always a workforce optimization arrangement where we all know that you cannot over-employ people. This one, the fiscal space that is managed by the Ministry of Finance is simply bleeding already. You are going to create a problem. They deliberately did it to choke the government that was coming into office.”
Mr. Austin Gamey Labour expert
In summary, Mr. Austin Gamey’s analysis underscores the procedural irregularities in the appointments made after December 7, 2024. He argued that these appointments did not follow the proper recruitment process, were not legitimized through the transitional framework, and were financially unsustainable due to IMF-imposed restrictions.
He believes the annulment is legally justified and that any legal challenge would likely fail. Ultimately, he views these appointments as a politically motivated strategy to burden the incoming government.
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