Delay in appointment of Executive Secretary is causing anxiety at NLC
There is uneasy calm at the National Labour Commission (NLC) following the delay in the confirmation of the appointment of a substantive Executive Secretary for the commission.
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Dr Bernice Anowa Welbeck was appointed as the acting Executive Secretary, effective May 15, 2013, but has since not been confirmed, contrary to laid-down regulations in the Public Service.
While the workers of the commission have adopted a ‘wait-and-see’ attitude, the Ghana Federation of Labour (GFL) has cautioned the appointing authorities against any unfair labour practices at the commission which, ironically, is the statutory authority mandated to adjudicate in such disputes in the country.
The happenings at the NLC run contrary to the directives of the Public Services Commission (PSC).
Directive
Meanwhile, the Office of the President has directed the Minister of Employment and Labour Relations to take urgent steps to resolve the issue.
A letter dated April 11, 2016 and signed by Mr Julius Debrah, the Chief of Staff, expressed concern that the ministry had failed to act on an earlier letter on the issue dated February 12, 2015 and signed by the then Chief of Staff, Mr Prosper Bani.
The letter, headed: ‘Appointment of Executive Secretary of National Labour Commission’, read: “By the letter under reference (copy attached), your ministry was requested to carry out the necessary consultation to have Dr (Mrs) Welbeck appointed as the Executive Secretary of the NLC.
“It has come to our attention that action has not yet been taken on the directive. Your ministry is requested to take urgent steps to give effect to the decision.
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“The happenings at the commission run contrary to the directives of the Public Services Commission (PSC) as contained in circulars stipulating guidelines on the principles governing acting and formal acting appointments.” the letter said.
Circular
A month before the appointment of Dr Welbeck, the PSC, in a circular dated April 17, 2013 and signed by its Secretary, Mr Michael Owusu-Nimako, said: “Over the years, the PSC has had to issue a number of circular letters and other guidelines on the principles governing acting assignments and formal acting appointments in the public services, and the process to be followed in handling them.
“The commission has observed, with concern, that in spite of these guidelines and several reminders, quite a sizeable number of officers continue to act in various positions beyond the recommended periods.
“Apart from infringing on the commission’s directive/guidelines, this situation has far-reaching negative effect on the management of a critical aspect of human resource management in the public services.
“As directed in the commission’s circular letter No. PSC/APD/01 of 10th June, 2005, the objective of an acting assignment is to provide a temporary stop-gap measure to ensure that work is not unduly interrupted as a result of an unexpected/unpredictable development that results in a vacancy occurring in a position (such as indisposition, interaction, short residential course at home or abroad).
“Acting assignments are not expected to exceed six (6) months. In cases where the substantive incumbent is not likely or expected to resume duty, such as dismissal or sudden death, action should be taken to fill the vacancy through either appointment or promotion, within six (6) months, in accordance with the procedure prescribed for that purpose.”
“In line with the above, all governing boards and heads of agencies are requested to take the requisite steps to either confirm high performing and qualified officers in formal acting capacities or fill the vacancies substantively through promotion or appointment,” it added.
Ghana Federation of Labour
The GFL, for its part, said it was worried that Dr Welbeck had acted in that position for over three years without being confirmed.
In a letter to the Chief of Staff dated April 11, 2016, it cautioned that as “social partners and advocates for the Labour Law, we should not encourage any action which will amount to discrimination or violation of existing rules and regulations”.
“We believe that it is only fair that Dr Welbeck is confirmed into the position because employing a new person will be demoralising and discourage internal growth, especially when there is nothing to show that she is incompetent,” the letter said.