Sunon Asogli board considers apologies from dismissed staff, case adjourned to July 31

Lawyers of the Sunon Asogli Power Ghana Limited led by AA Ackuaku have told the High Court in Accra that, the board and management of the Power Plant have received formal apology from the three dismissed staff.

The formal apology according to Counsel is being considered by the board and management.

“We have received formal apology from the former employees which the board and management is considering,” Lawyer A.A Ackuaku told the Labour Division of the Accra High Court on Thursday.

Three employees of the Power Plant recently had their employment terminated in what the Ghana Mineworkers Union of the Trade Union Congress attributed to their association with joining the union.

But, such assertions have been refuted as the parties consider settlements.

In Court on Thursday, July 20, 2023, it was the case of Afiba Amihere, Counsel for the National Labour Commission that, her instruction was to ask for the case to be adjourned for one more time.

According to her, though Counsel for the Respondent (Sunon Asogli) indicated at the last adjourned date that, “there is room for settlement, we have not heard from them.”

“I laid the information to the Commission and yesterday (July 19, 2023) the Commission sat but they (Sunon Asogli) did not appear and they (NLC) have asked me to ask for the case to be adjourned for the last time,” Counsel for NLC told the Court.

She also told the court that, “I have laid that information to counsel on the other side” but he said he is not minded if we moved the application.

Asked by the Court Presided over by Justice Francis Rockson Aboadwe what his position was, Lawyer Ackuaku said though he corroborates what Counsel for NLC has said, he said the former employees have written formal apology which the board and management is considering.

“Counsel (for NLC) told me exactly what she had told the Court, but what she failed to add was that, we said we have received formal apology from the former employees which the board and management is considering,” Lawyer Ackuaku stated.

With this in mind, counsel said, if the counsel for the (NLC) is minded to move the application, “we don’t have any problem.”

Justice Aboadwe Rockson who had indicated that, his staff were to retired for an e-Justice training, said the case would have been adjourned regardless.

According to EIB Network’s Legal Affairs Correspondent, Murtala Inusah, two of the dismissed staff were spotted at the premises of the court.

The case has since been adjourned to July 31.

Subject matter

The National Labour Commission (NLC) had gone to the High Court to enforce its decision in a complaint filed by the Ghana Mineworkers against Sunon Asogli Power Ghana Limited.

The NLC had gone to court to ensure that Sunon Asogli Power Ghana Limited (the respondent) rescind its decision to terminate the employment of members of a local union

The Commission wants to ensure that Sunon Asogli Power Ghana Limited (the respondent) rescind its decision to terminate the employment of members of a local union.

Sunon Asogli Power (Ghana) Limited said the termination of employment of three of its staff had nothing to do with their joining a union.

“… there is no indication anywhere by the respondent (Sunon Asogli Power Ghana Limited) that it sought to terminate the employment of the three employees for reasons relating to the joining of a union.”

The Respondent contended that, it only exercised its rights as an employer to terminate an employment contract with the said employees.

“The said termination of the employment contract between the Respondent and the three employees had absolutely nothing to do with the queries issued to 34 employees nor the unionization of the employee in any way whatsoever,” it added.

Affidavit in opposition

In its affidavit in opposition to a motion for an order for enforcement of the directives of the NLC, (Applicant in the case), the Respondent said Sunon Asogli Power Ghana Limited said it complied with the provision of Act 651 and the terms of the employment contract and paid salaries of the said employees in lieu of notice of termination.

It is the case of the Respondent, that it was unjust and inequitable for the NLC to rely on “only representations of the union to issue the said directive/ order without hearing the said of the respondent.”

The Respondent said the NLC acted in excess of its jurisdiction and powers conferred on it by section 161 of Act 651 when it issued the directive/order dated March 1, 2023 “to stay any other action that may be directly or indirectly related to the issues in dispute.”

It said the instant application was unwarranted, unmeritorious, and utter abuse of the court process because the time limit set by the NLC for the parties to resolve the matters amicably had not elapsed before the filing of the instant application.

The respondent, therefore, prayed the court to dismiss the application to enable proper determination of the matters before the NLC.

It said the right of the respondent to terminate the employment contract of the three employees was “neither a breach of the fundamental human rights of the said employees to freely associate with any union of their choice nor a breach of any provision of Act 651 on unfair labour practice, as the said termination was not premised on any decision of the employees to join any union.”

“The respondent did not flout the directive of the applicant in any way whatsoever by the exercise of its rights to lawfully terminate the employment contract.”

Purported unionisation

The latter said it objected to the manner the complainant (the Ghana Mineworkers Union) was going about the purported unionisation.

The NLC in an affidavit in support of its motion, said the Ghana Mineworkers Union of TUC had petitioned it against the Respondent over unfair labour practice.

The NLC contended that, the TUC says its members were being coerced to leave the union.

Based on that, the NLC by a letter dated March 1, 2022, invited the Respondent.

Without hearing from the Respondent after seven days, the NLC said it issued a reminder to the Respondent.

The NLC said on April 27, 2022, it fixed a hearing for the matter, but the respondent could not attend.

The Commission then adjourned the matter but gave some directives.

Directives

It directed the Respondent to recognise the Collective Bargaining Certificate (CBC).

“That the parties should constitute a Standing Negotiating Committee (SNC) to negotiate and resolve any disagreement they have, failing for which, they must report to the Commission.”

The NLC said on September 7, 2022, both parties agreed in principle to respect the CBC.

Consequently, the NLC said it directed the parties to submit a report jointly signed on the terms of the settlement.

It said on June 16, 2023, the Commission received a joint letter from the parties, indicating that they had not been able to reach an agreement in line with the directives of the NLC.

On October 11, 2022, the Union wrote to the Commission that the respondent was making it difficult for the implementation of the Commission’s directives.

After various meetings between the parties, a notice of an industrial strike was served on the Commission.

The Commission said on receipt of the notice of strike, it asked the parties “to stay all intended strike actions.

The NLC said on March 3, 2023, the Union wrote to it indicating that the respondent had been issuing threats and intimidating members of the local executives to the extent that three workers had had their employment terminated despite the Commission’s directive “to stay all intended actions”

The NLC held that the said “termination of employment of the three employees was not justifiable in law.