NAGRAT Appeals Against Ruling

By William Yaw Owusu

Wednesday, 08 November 2006
The National Association of Graduate Teachers (NAGRAT) has filed a notice at the Court of Appeal to challenge an Accra Fast Track High Court declaration that its strike is "unlawful" and "illegal".

NAGRAT wants the Fast Track Court judgment of October 31, to be set aside and another judgement entered in its favour by the Court of Appeal.

The three initial grounds of appeal filed yesterday by solicitors of NAGRAT are: "that the ruling is against the weight of the affidavit evidence and the arguments canvassed before the court,"

The "trial judge erred in holding that the applicant (National Labour Commission) had a cause of action at the time the application was filed," and that "further and other grounds of the appeal will be filed upon receipt of the record of proceedings of the Fast Track Court."

The NLC on October 11, filed a writ at the Fast Track Court contending that NAGRAT did not follow the appropriate procedure and the strike was illegal.

On October 31, the court presided over by Mr. Justice Richard Asamoah, a court of Appeal Judge, declared that the strike was illegal and unlawful and ordered NAGRAT to call off the strike and resume work.

The court had held that although NAGRAT may have a genuine cause of action, it should have adopted proper legal means.

After the court’s ruling NAGRAT declared its intention to appeal and its members have since not gone back to work.