By Beatrice Oppong
The Labour Division of the High Court has declared the strike by the University Teachers Association of Ghana, UTAG, as unlawful. The court held that the National Labour Commission did not breach the rules of natural justice in enforcing its directives to get the Association to call off the strike as argued by lawyer for UTAG Kwesi Keli- Delataa. The NLC brought the suit against the Association to enforce its directives to compel UTAG to go back to work.
It was the case of the NLC that the strike declared by UTAG last January 10 was illegal because it did not follow due process as set out in the Labour Act. The NLC also contended that the issue for which UTAG embarked on the strike had already been settled and therefore there was no reason to declare an industrial action.
However, Mr Keli-Delataa argued that the process that led to the NLC giving directives to UTAG to return to work was gravely flawed and submitted that if a statute is breached, the court could not endorse it. It was his case that the NLC acted unfairly and unreasonably by failing to give UTAG reasonable notice as required under principles of natural justice.
But the court held that both the NLC and UTAG were given a fair hearing as all parties agreed and held meetings to resolve issues in the presence of their lawyers.
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