The Ghana Tertiary Education Commission (GTEC) has called on the Colleges of Education Teachers Association of Ghana (CETAG) to call off the strike to allow for further dialogue.
This ongoing industrial action, which has seen a halt in teaching activities at the Colleges of Education, has now escalated to legal proceedings with the involvement of the National Labour Commission (NLC).
The NLC’s Executive Secretary, Mr. Ofosu Asamoah has provided clarity on the situation and the legal and political challenges involved in resolving the tensions.
Mr. Asamoah started by explaining that despite the NLC’s efforts to facilitate dialogue, CETAG had not agreed to attend a session scheduled by the Commission to resolve the matter. He said;
“Unfortunately, the commission is unable to sit today [Wednesday]. Because knowing of the strike, we invited them today [Wednesday]. This strike is a result of an award, that was arbitral award last year. At this point, the government did not honor its part of the deal by seeing the arbitral award.”
Mr. Ofosu Asamoah NLC Executive Secretary
The strike, according to Mr. Asamoah, stems from the failure of the government to honor a mutual agreement set forth by an arbitral award. He emphasized;
“The National Labour Commission went to court to enforce the award against the government. Unfortunately, while the case was in court, CETAG declared a strike. That is to pressure the government in a way to enforce the award.”
Mr. Ofosu Asamoah NLC Executive Secretary
The NLC had taken the matter to court to compel the government to fulfill its obligations regarding the arbitral award. He emphasized;
“You could not be on strike while the case was being pursued in court. The judge advised, just as the commission directed, that the strike be called off so that we are able to pursue the court action.”
Mr. Ofosu Asamoah NLC Executive Secretary
Despite the court’s advice, which was echoed by the NLC, CETAG chose to proceed with the strike. Mr. Asamoah explained;
“Unfortunately, when they declined to adhere to the commission’s main directive and the court’s advice to call off the strike, we had to discontinue the case. However, we have now resumed the case, seeking enforcement of the award.”
Mr. Ofosu Asamoah NLC Executive Secretary
He pointed out that the commission has applied for the hearing to resume, but this is the case for the enforcement of the award. However, one problem for now is that this is a new government in place. Thus, they don’t have the minister in place. He reiterated;
”I don’t think we have an education minister in place. I don’t think we have the minister of employment in place to handle this matter.”
Mr. Ofosu Asamoah NLC Executive Secretary
The failure to appoint ministers to head the relevant ministries has left the situation in limbo, with no clear leadership to engage with the ongoing negotiations and court proceedings.
Legal Obligations of the Government
Despite these challenges, Mr. Asamoah reiterated the legal standing of the arbitral award and the government’s obligation to comply. He emphasized that the award was not open to reconsideration by the new government.
However, the NLC’s Executive Secretary made it clear that the government has no option but to honor the terms of the arbitral award, as it is legally enforceable.
This underscores the fact that the strike by CETAG, though disruptive, is being driven by a legal demand for the government to fulfill its obligations as stipulated in the arbitral agreement.
Despite the current challenges, the NLC is not giving up on its efforts to ensure the enforcement of the arbitral award. He expressed hope that once the appropriate ministers are in place, the matter could be resolved swiftly.
However, he also acknowledged that the delay in government appointments poses a significant obstacle to a quick resolution.
In conclusion, while the CETAG strike continues and the legal process faces hurdles, Mr. Asamoah remains confident that the government will eventually comply with the arbitral award.
The dispute highlights the importance of maintaining consistency in fulfilling agreements made through legal channels, especially when the future of educational institutions and the welfare of their workers is at stake.
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