Labour Commission rules on GMA and FWSC disputes

BY Frank Atiase


Accra, - The National Labour Commission (NLC) has described as fair and
equitable the Fair Wages and Salaries Commission’s (FWSC) market
premium for doctors under the Single Spine Salary Structure (SSSS).
The market premium for doctors is based on 1.0 for House Officers Grade up
to Medical Officer Grade whilst 1.2 is for those above the Medical
Officers Grade.
“It’s our considered opinion that the GMA's grievances on the grade of
District Director of Medical Services and Medical Superintendent raised
against the FWSC was actually a matter outside the jurisdiction of FWSC.
“GMA should therefore direct its concerns to the management of the Ghana
Health Service which administers the provisions of the Ghana Health
Service and Teaching Hospitals Act, 1996, Act 525,” the NLC stated in
the compulsory arbitration report circulated on Monday.
The 14-page report titled: “NLC in the matter of compulsory arbitration
between FWSC – representing government of Ghana, and Ghana Medical
Association,” captures deliberations during the October arbitration.
The three man NLC Compulsory Arbitration Panel chaired by Opanin
Obeng-Fosu, Mrs Angelina M. Domakyaareh and Mr Dennis K. Y. Vormawor,
also affirmed that the two parties - the GMA and FWSC had agreed on the
grading structure at Dodowa, from October 2 to 5.
The grading are: Consultant 25L; Senior Specialist 24H; Specialist 24L:
Chief Medical Officer 23H; Deputy Chief Medical Officer 22H; Senior
Medical Officer 21H; Medical Officer 21L; Senior House Officer 19H; and
House Officer 19L.
The FWSC was represented by Mr George Smith-Graham, Chief Executive; Madamw Eva
Addo; Mr Cornelius Yawson; Mr Emmanuel Kwami who are all FWSC
Directors and Mr Franklin Neizer a Deputy Director.
The GMA was represented by an 11-member team including Dr E. A. Winful,
former President, Dr K. Opoku-Adusei, Vice President, Dr Frank Serebour, Assistant
General Secretary, Dr Edward Boateng, Dr Paapa Puplanpu, Dr
Dominic B. Otchere and Dr Rita Larson Reindorf all GMA Council Members.
The rest were, Dr Ernest Yorke, Dr Frank Owusu-Sekyere, Dr Frederick Kwarteng,
and Dr Eben Ewusi Emmim, all members.
The arbitration process started on Monday October 24, but due to the fact
that the GMA had withdrawn its services, the actual hearing started on
October 27 after GMA called off its strike action.
According to the report, the two bodies presented both oral and documentary
evidence to support their claims, with spokes persons, counsels and
witnesses.
It would be recalled that on October 7, the FWSC petitioned the NLC on
what it termed “Threat of strike by the GMA,”. Subsequently the NLC
referred the dispute between the two bodies to a compulsory arbitration
under section 162 and 164 of the Labour Act 651, 2003.
The NLC noted that in contravention of section 161 (1) of the Labour Act
651, the GMA embarked on a nationwide strike action on October 7.
“The GMA strike action also offended section 163 of the Act 652- an employer
carrying on, or a worker engaged in an essential service shall not
resort to a lock-out or strike in connection with or in furtherance of
any industrial dispute involving the workers in the essential service”.
end