NLC / NAGRAT CASE COMMENCES IN COURT

By William Yaw Owusu

Saturday October 21, 2006
A Fast Track High Court yesterday, started hearing the case in which the National Labour Commission (NLC) is asking the court to order members of the National Association of Graduate Teachers (NAGRAT) to go back to the classroom to teach.

The NLC filed the 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, Archie Martin Danso Junior, Counsel for NAGRAT, raised a preliminary objection to certain portions of the motion, saying "the process is incompetent because it did not comply with the rules of the court."

He argued that paragraphs three and six of the NLC's affidavit talked about matters of law which it did not need to focus on, adding "the defects have rendered the whole application in competent."

However, Counsel for NLC J. Opoku Agyei, described NAGRAT's objection as misconceived, adding that NAGRAT had even filed a statement of defence and it was proper to move the application at this stage.

The trial judge, Justice Richard Asamoah dismissed NAGRAT'S preliminary objection, saying "this matter is being fought on affidavit evidence."

He said although affidavits must contain facts "the inclusion of matters of law is not fatal to the proceedings. It is only contaminated issues that can be expunged from an affidavit and not matters of law."

Mr. Danso asked for an adjournment to enable him to confer with NAGRAT on the next line of action and the case was subsequently adjourned to October 25.

In its affidavit the NLC averred that NAGRAT had embarked on a strike action effective September 1 without complying with section 159 and 160 of Act 651, thus rendering the strike illegal.

It claimed that NAGRAT had not indicated that any dispute exists between it and the Ghana Education service which should be referred to the commission for resolution through voluntary arbitration, saying "no notice of intention to resort to strike was served on the commission as mandatorily required by law".

It further said even though the NLC met the leadership of NAGRAT on September 27, and urged them to call off the strike to enable it facilitate negotiations between GES and NAGRAT, they refused to do so.

In its statement of defence, filed on October 19, NAGRAT categorically denied the contention that it embarked on a strike without complying with the law.

It said no dispute exists within the meaning and intention of section 159 of the Labour Act to warrant compliance of the said provisions.

NAGRAT also said no issue of calling off the strike was discussed at the meeting with NLC.