UTAG to sue govt over research allowance
The University Teachers Association of Ghana (UTAG) has declared its intention to take the government to court over its non-payment of the book and research allowance of its members.
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In a notice of intention dated August 17, 2014 and filed by its solicitors, Law Alert Group, UTAG is seeking a declaration that the unilateral variation of the conditions of service between it and the Fair Wages Commission by the removal and/or scrapping of the book and research allowance was a violation of the conditions of service and, therefore, of no effect.
It is also seeking an order directed at the government to pay to all its members the book and research allowances for the 2013/2014 academic year.
It is further seeking a declaration that the existing conditions of service shall constitute the operative terms of employment between the members of UTAG and the government until new conditions of service had been negotiated and agreed upon by the parties.
Speaking to the Daily Graphic Monday, the lawyer for UTAG, Mr Charles Bawaduah, said the notice of intention had been forwarded to the Attorney General as required by Section 10 of the State Proceedings Act 1998 [Act 555].
“Under the law we have to give 30 days’ notice before we can initiate proceedings and the 30 days has still not elapsed so we have to wait,” he said when asked when a writ would be filed against the state.
Cause of action
The cause of action submitted by UTAG said the association comprised university teachers drawn from the public universities of Ghana.
It said members of the association had an existing negotiated conditions of service between them and the government, who is the employer.
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“One of the benefits contained in the said conditions of service is the book and research allowance,” it added.
The book allowance currently stands at $1,500 per lecturer per year, while the research component stands at GH¢400.
According to UTAG, the government has unilaterally, and without its consent, scrapped, abrogated and removed the book and research allowance from the conditions of service.
“The government has not paid the said allowances for the 2013/2014 academic year which has already accrued to the benefit of members of UTAG. The action by government is a violation of the said conditions of service,” it pointed out.
POTAG’s reaction
In a related development, the Polytechnic Teachers Association of Ghana (POTAG) has also declared its intention to drag the government to court over its decision to freeze salaries of its striking members.
The Vice-President of the Greater Accra branch of POTAG, Mr Jones Ntiamoah, said because their strike had been declared legal by the court, it would be illegal for the government to freeze their salaries.
In July this year, the Human Rights Division of the Accra High Court declared that the strike embarked upon by POTAG was legal.
The court, presided over by Mr Justice Kofi Essel Mensah, asked the National Labour Commission (NLC) to enter a compulsory arbitration procedure with POTAG, as provided for under Regulation 26 of the National Labour Commission Regulations, 2006 (LI 1822), to resolve the impasse.
That notwithstanding, the Ministry of Education last Friday issued a directive to the Controller and Accountant General’s Department, ordering it to not pay the August salaries of the striking teachers.
Writer’s email: Edmund.Asante@graphic.com.gh