Court determines NLC, NAGRAT case today

An Accra Fast Track Court is expected to give its ruling in the case in which the National Labour Commission (NLC) is praying the Court to order members of the National Association of Graduate Teachers (NAGRAT) to call off their strike action.

The Leadership and members of NAGRAT embarked upon the strike on September 1, 2006 to press demands for better salaries and conditions of service.

The NLC filed a suit on October 11, seeking among other things, an order under Section 172 of Act 651 of the Labour Act, to compel the Leadership in particular, and members of NAGRAT in general, to comply with the Commission's order, directing them to call off the illegal strike.

When the case was called on Thursday Mr Archie Martin Danso Jnr., Counsel for NAGRAT, submitted that NAGRAT was not obliged by the Labour Law to call off its illegal strike.
Mr Danso Jnr said there was no dispute between NAGRAT and GES to warrant the compliance with the provisions of Section 159 of the Labour Act.
He said it was not correct that NAGRAT failed to notify NLC or their employer, GES of their intention to stop teaching since, "no dispute exists between Respondent and GES", adding there was no obligation imposed on the Respondent to give the notices spelt out under Section 159.
Counsel submitted that the application was an empty order and, therefore, action could not be founded on it and called for the dismissal of the application.
Mr J. Opoku Agyei stated that the Leadership and members of NAGRAT embarked upon a strike action, without complying with Section 159 and 160 of Act 651, thus rendering the strike action illegal.
He noted that if the on-going strike was legal, NAGRAT should have embarked upon it for seven days, after which they should have submitted themselves to compulsory arbitration.
The presiding judge, Mr Justice Asamoah said: "We would look at the Act and see the difference. There are authorities, we shall see if it is applicable here". 26 Oct. 06