High Court restrains CLOGSAG from continuing with strike for 10 days

The Industrial and Labour Division of the Accra High Court has placed an injunction on the nationwide strike declared by the Civil and Local Government Staff Association of Ghana (CLOGSAG).

In an order for interim injunction, the court, presided over by Justice Frank Abodwe Rockson, on Friday (November 8, 2024) ordered CLOGSAG to call off the strike for 10 days and return to the negotiation table, as directed by the National Labour Commission.

The order by the court followed an ex parte application by the NLC.

After the expiration of the 10 days, the NLC has the option of applying for a further injunction from the court, but it could only do so by serving notice to CLOGSAG.

In the order, the court restrained CLOGSAG, its executives, members or any one acting on its behalf from further continuing with the strike for the next 10 days.

“It is hereby further ordered that the respondent by itself, its executives, officers, members, agents, servants, employees and other persons are to comply with the directives of the National Labour Commission dated November 6, 2024 and call of the industrial action, ‘ the court ordered

Strike

Last Monday, November 4, CLOGSAG declared a nationwide industrial action to drum home its demand for the finalisation of a new salary structure for staff of the civil service and local government service.

A statement signed by the Executive Secretary of CLOGSAG, Isaac Bampoe Addo, said the new salary structure was expected to be finalised by October 31, this year, for onward implementation from January 1, next year.

However, the statement said the government was dragging its feet, making the deadline for the implementation unrealistic to achieve.

‘To date the understanding that by October 31, 2024, both parties would finalise a new salary structure for staff of the civil service and the local government service to be implemented from January 1, continued to be a mirage,” the statement said.

The labour union further accused the Fair Wages and Salaries Commission (FWSC), and its Chief Executive Officer, Benjamin Arthur of acting in bad faith throughout the process.

“As a result of the long delay in the completion of the salary structure and other conditions of service for the staff of civil service and local government service, CLOGSAG has no other option than to ask our members to stay at home from Thursday, November 7,” the statement added.

Fair Wages response

However, in its response, the FWSC, urged CLOGSAG to cancel the industrial action and return to the negotiation table.

In a statement issued by the Public Affairs Unit, the FWSC said the demand by CLOGSAG for a new salary structure and other conditions of service was initially submitted to the Office of the Senior Presidential Advisor for consideration and approval.

It said the Senior Presidential Advisor constituted a technical committee comprised of representatives from the government and CLOGSAG to discuss the proposal. 

“It must be noted that in a communique dated July 12,2024, issued by CLOGSAG,the Executive Secretary of CLOGSAG indicated that ‘The Parties (i.e.Government Team and CLOGSAG) showed commitment towards the resolution of pertinent issues relating to the salary structure for the staff of the Civil Service and the Local Government Service.” 

The release said the government had been exploring alternative ways of addressing the demand for a new salary structure by CLOGSAG without injuring the existing pay policy.

“It is instructive to note that in a meeting held on October 30,2024, the Government Team made an alternative proposal aimed at addressing the concerns of CLOGSAG which they requested the team to put into writing,” the commission averred.

The FWSC said being committed to the process,the government team confirmed the alternative proposal in writing as demanded by CLOGSAG on the same day. 

“CLOGSAG is yet to respond to the government’s proposal. It is, therefore, surprising to see a notice issued by CLOGSAG to embark on strike when discussions have not reached a deadlock,” the commission stated.

The commission further accused CLOGSAG of being aware of the FWSC’s mandate but deliberately decided to undermine it by channelling its demands through the Office of the Senior Presidential Advisor for approval, contrary to Section 2 of the FWSC Act 2007 (Act 737).

“A case in point is when CLOGSAG decided to opt out of the Single Spine Pay Policy by going to court in 2011 (in the case indicated above) but lost the case,” the statement added.

Writer’s email: emma.hawkson@graphic.com.gh