High Court orders striking workers to return to post

The High Court (Industrial and Labour Division) has ordered all workers belonging to nine labour unions who have embarked on an indefinite strike over the Tier Two Pension Scheme to return to work immediately.

The order by the court, presided over by Justice Saeed Kwaku Gyan of the Court of Appeal, takes immediate effect and is to remain in force for a period of eight days or until the court varies it.

The order of interlocutory injunction followed an ex party motion filed by the Attorney General on Friday against the nine workers unions – the Health Services Workers Union; Ghana Registered Nurses Association; Ghana Medical Association; Ghana Physician Assistants Association; Ghana Pharmacists Association; Ghana Association of Certified Registered Anesthetists; Ghana National Association of Teachers; Teachers And Educational Workers Union and National Association of Graduate Teachers.
 
“All the Defendants/Respondents herein especially their respective executives and officers howsoever they may be designated, defined or identified, together with their members are hereby restrained by way of an order of Interlocutory Injunction from embarking upon or in any way or manner continuing with the Industrial action or indefinite strike declared, called or announced on October 21st 2014, by reason of which they may not make available their services to their employers and the general public in terms of their individual contracts of employment or the conditions of their respective engagement by reason of issues they had raised with particular reference to and over the second tier Pension Scheme established under the National Pensions Act, 2008 (Act 766). The Leadership of the Defendant Unions shall ensure the immediate cessation of their declared indefinite strike action and the return to work of their respective members,” the court ordered.

It also directed the Attorney General to file a fresh motion on notice for interlocutory injunction forthwith to be served on all the Defendants/Respondents and make sure it serves all of them with the processes.

The court said the Defendants/Respondents affected by the instant order of interlocutory injunction may, if they so wish within the period of eight (8) days provided in the Order, apply to the Court to vacate the said Order.

“In view of the urgency and delicacy of the issues raised in the substantive suit, all parties are hereby encouraged to co¬operate to facilitate the early determination of all the issues in controversy in the said case in the ultimate and best interest of Ghana as a nation,” the court counselled.

The court further enjoined parties and stakeholders in the case to exercise maximum restraint and decorum to ensure that the peace, stability and well-being of the nation is assured for the benefit of all. Read the full orders of the court here.

The workers declared the indefinite strike on October 21 following their disagreements with the government over the management of the pension scheme.