Court declares strike by unions illegal (November 1, 2014) Back page
The Industrial and Labour Division
of the Accra High Court has granted an interlocutory injunction restraining
nine unions from continuing with their indefinite strike over issues
concerning their tier-two pension funds.
Justice Saed Kwaku Gyan, a Court of
Appeal judge sitting with additional responsibility as a High Court judge, has,
therefore, directed the leadership of the unions to ensure an immediate end to
the indefinite strike and return to work with their respective members.
Affected
unions
The effected unions are the Health
Services Workers Union (HSWU), Ghana Registered Nurses Association (GRNA),
Ghana Medical Association (GMA), Ghana Physician Assistants Association (GPAA),
and the Ghana Pharmacists Association(GPA).
The others are the Ghana Association
of Certified Registered Anaesthetists (GACRA), the Ghana National Association
of Teachers (GNAT), the Teachers and Educational Workers Union (TEWU) and the
National Association of Graduate Teachers (NAGRAT).
“This order of interlocutory
injunction is to take immediate effect and shall remain in force for a period
of eight days or until a further order of this court,” the court said.
The court also directed the
plaintiff/applicant, which in this case is the Attorney General, to file a
fresh motion of notice for interlocutory injunction and serve it on all the
defendants/respondents — the unions.
“All efforts should be made to
immediately or promptly serve all the defendants/respondents with the writ and
statement of claim filed by the plaintiff/applicant herein, namely, suit number
INDL/6/15 dated 24th day of October, 2014.”
According to the court, the
defendants/respondents affected by the instant order of interlocutory
injunction may if they so wish within the period of eight days provided
in the order apply to the court to vacate the order.
“In view of the urgency and delicacy
of the issues raised in the substantive suit, all parties are hereby encouraged
to cooperate to facilitate the early determination of all the issues in
controversy in the said case in the ultimate and best interest of Ghana
as a nation,” the court said.
The court, however, enjoined all the
parties and stakeholders in the case to exercise maximum restraint and decorum
to ensure that the peace, stability and well-being of the nation is assured for
the benefit of all.
The
issues
About 12 labour unions are currently
on an indefinite strike in protest against the government's decision not to
allow them to manage their tier-two pension funds.
Under the new pension law, the
National Pensions Act, 2008 (Act 766), the Social Security and National
Insurance Trust (SSNIT) gets 13.5 per cent from contributors, while five per
cent goes to the second-tier operators to be managed by corporate
trustees on behalf of contributors — employees of public and private
institutions.
Although the law was passed in 2008,
it took effect in 2010, within which it mandated employers to deduct five per
cent of their employees' monthly salaries and pay them into a Temporary
Pensions Fund Account (TPFA) at the Bank of Ghana (BoG).
The account was to absorb the
contributions in the meantime, while the National Pensions Regulatory Authority
(NPRA), which is the regulator of the pension industry, put up the right
regulatory framework, license the trustees and register them for actual work to
start.
The Minister of Employment and
Labour Relations, Mr Haruna Iddrisu, explained recently that the government
could not entrust the management of the pension scheme into the hands of the
workers’ unions.
The unions have, however, vowed to
call off their strike only if the government released the money that had
accrued from their tier-two pension fund into their various schemes.
The Attorney-General, on October 24,
2014, sued the workers on behalf of the government, asking the Accra High Court
to declare the indefinite strike illegal.
A statement of claim accompanying
the suit prayed the court for an order to compel the unions to call off the strike
and resume work.
The
Industrial and Labour Division of the Accra High Court has granted an
interlocutory injunction restraining nine unions from continuing with
their indefinite strike over issues concerning their tier-two pension
funds.
Justice Saed Kwaku Gyan, a Court of Appeal judge sitting with
additional responsibility as a High Court judge, has, therefore,
directed the leadership of the unions to ensure an immediate end to the
indefinite strike and return to work with their respective members.
Affected unions
The effected unions are the Health Services Workers Union (HSWU), Ghana Registered Nurses Association (GRNA), Ghana Medical Association (GMA), Ghana Physician Assistants Association (GPAA), and the Ghana Pharmacists Association(GPA).
The others are the Ghana Association of Certified Registered Anaesthetists (GACRA), the Ghana National Association of Teachers (GNAT), the Teachers and Educational Workers Union (TEWU) and the National Association of Graduate Teachers (NAGRAT).
“This order of interlocutory injunction is to take immediate effect and shall remain in force for a period of eight days or until a further order of this court,” the court said.
The court also directed the plaintiff/applicant, which in this case is the Attorney General, to file a fresh motion of notice for interlocutory injunction and serve it on all the defendants/respondents — the unions.
“All efforts should be made to immediately or promptly serve all the defendants/respondents with the writ and statement of claim filed by the plaintiff/applicant herein, namely, suit number INDL/6/15 dated 24th day of October, 2014.”
According to the court, the defendants/respondents affected by the instant order of interlocutory injunction may if they so wish within the period of eight days provided in the order apply to the court to vacate the order.
“In view of the urgency and delicacy of the issues raised in the substantive suit, all parties are hereby encouraged to cooperate to facilitate the early determination of all the issues in controversy in the said case in the ultimate and best interest of Ghana as a nation,” the court said.
The court, however, enjoined all the parties and stakeholders in the case to exercise maximum restraint and decorum to ensure that the peace, stability and well-being of the nation is assured for the benefit of all.
The issues
About 12 labour unions are currently on an indefinite strike in protest against the government's decision not to allow them to manage their tier-two pension funds.
Under the new pension law, the National Pensions Act, 2008 (Act 766), the Social Security and National Insurance Trust (SSNIT) gets 13.5 per cent from contributors, while five per cent goes to the second-tier operators to be managed by corporate trustees on behalf of contributors — employees of public and private institutions.
Although the law was passed in 2008, it took effect in 2010, within which it mandated employers to deduct five per cent of their employees' monthly salaries and pay them into a Temporary Pensions Fund Account (TPFA) at the Bank of Ghana (BoG).
The account was to absorb the contributions in the meantime, while the National Pensions Regulatory Authority (NPRA), which is the regulator of the pension industry, put up the right regulatory framework, license the trustees and register them for actual work to start.
The Minister of Employment and Labour Relations, Mr Haruna Iddrisu, explained recently that the government could not entrust the management of the pension scheme into the hands of the workers’ unions.
The unions have, however, vowed to call off their strike only if the government released the money that had accrued from their tier-two pension fund into their various schemes.
The Attorney-General, on October 24, 2014, sued the workers on behalf of the government, asking the Accra High Court to declare the indefinite strike illegal.
A statement of claim accompanying the suit prayed the court for an order to compel the unions to call off the strike and resume work.
Affected unions
The effected unions are the Health Services Workers Union (HSWU), Ghana Registered Nurses Association (GRNA), Ghana Medical Association (GMA), Ghana Physician Assistants Association (GPAA), and the Ghana Pharmacists Association(GPA).
The others are the Ghana Association of Certified Registered Anaesthetists (GACRA), the Ghana National Association of Teachers (GNAT), the Teachers and Educational Workers Union (TEWU) and the National Association of Graduate Teachers (NAGRAT).
“This order of interlocutory injunction is to take immediate effect and shall remain in force for a period of eight days or until a further order of this court,” the court said.
The court also directed the plaintiff/applicant, which in this case is the Attorney General, to file a fresh motion of notice for interlocutory injunction and serve it on all the defendants/respondents — the unions.
“All efforts should be made to immediately or promptly serve all the defendants/respondents with the writ and statement of claim filed by the plaintiff/applicant herein, namely, suit number INDL/6/15 dated 24th day of October, 2014.”
According to the court, the defendants/respondents affected by the instant order of interlocutory injunction may if they so wish within the period of eight days provided in the order apply to the court to vacate the order.
“In view of the urgency and delicacy of the issues raised in the substantive suit, all parties are hereby encouraged to cooperate to facilitate the early determination of all the issues in controversy in the said case in the ultimate and best interest of Ghana as a nation,” the court said.
The court, however, enjoined all the parties and stakeholders in the case to exercise maximum restraint and decorum to ensure that the peace, stability and well-being of the nation is assured for the benefit of all.
The issues
About 12 labour unions are currently on an indefinite strike in protest against the government's decision not to allow them to manage their tier-two pension funds.
Under the new pension law, the National Pensions Act, 2008 (Act 766), the Social Security and National Insurance Trust (SSNIT) gets 13.5 per cent from contributors, while five per cent goes to the second-tier operators to be managed by corporate trustees on behalf of contributors — employees of public and private institutions.
Although the law was passed in 2008, it took effect in 2010, within which it mandated employers to deduct five per cent of their employees' monthly salaries and pay them into a Temporary Pensions Fund Account (TPFA) at the Bank of Ghana (BoG).
The account was to absorb the contributions in the meantime, while the National Pensions Regulatory Authority (NPRA), which is the regulator of the pension industry, put up the right regulatory framework, license the trustees and register them for actual work to start.
The Minister of Employment and Labour Relations, Mr Haruna Iddrisu, explained recently that the government could not entrust the management of the pension scheme into the hands of the workers’ unions.
The unions have, however, vowed to call off their strike only if the government released the money that had accrued from their tier-two pension fund into their various schemes.
The Attorney-General, on October 24, 2014, sued the workers on behalf of the government, asking the Accra High Court to declare the indefinite strike illegal.
A statement of claim accompanying the suit prayed the court for an order to compel the unions to call off the strike and resume work.
The
Industrial and Labour Division of the Accra High Court has granted an
interlocutory injunction restraining nine unions from continuing with
their indefinite strike over issues concerning their tier-two pension
funds.
Justice Saed
Kwaku Gyan, a Court of Appeal judge sitting with additional responsibility as a
High Court judge, has, therefore, directed the leadership of the unions to
ensure an immediate end to the indefinite strike and return to work with their
respective members.
Affected
unions
The effected
unions are the Health Services Workers Union (HSWU), Ghana Registered Nurses
Association (GRNA), Ghana Medical Association (GMA), Ghana Physician Assistants
Association (GPAA), and the Ghana Pharmacists Association(GPA).
The others
are the Ghana Association of Certified Registered Anaesthetists (GACRA), the
Ghana National Association of Teachers (GNAT), the Teachers and Educational
Workers Union (TEWU) and the National Association of Graduate Teachers (NAGRAT).
“This order
of interlocutory injunction is to take immediate effect and shall remain in
force for a period of eight days or until a further order of this court,” the
court said.
The court
also directed the plaintiff/applicant, which in this case is the Attorney
General, to file a fresh motion of notice for interlocutory injunction and
serve it on all the defendants/respondents — the unions.
“All efforts
should be made to immediately or promptly serve all the defendants/respondents
with the writ and statement of claim filed by the plaintiff/applicant herein,
namely, suit number INDL/6/15 dated 24th day of October, 2014.”
According to
the court, the defendants/respondents affected by the instant order of
interlocutory injunction may if they so wish within the period of eight
days provided in the order apply to the court to vacate the order.
“In view of
the urgency and delicacy of the issues raised in the substantive suit, all
parties are hereby encouraged to cooperate to facilitate the early
determination of all the issues in controversy in the said case in the ultimate
and best interest of Ghana as a nation,” the court said.
The court,
however, enjoined all the parties and stakeholders in the case to exercise
maximum restraint and decorum to ensure that the peace, stability and
well-being of the nation is assured for the benefit of all.
The
issues
About 12
labour unions are currently on an indefinite strike in protest against the
government's decision not to allow them to manage their tier-two pension funds.
Under the
new pension law, the National Pensions Act, 2008 (Act 766), the Social Security
and National Insurance Trust (SSNIT) gets 13.5 per cent from contributors,
while five per cent goes to the second-tier operators to be managed by
corporate trustees on behalf of contributors — employees of public and
private institutions.
Although the
law was passed in 2008, it took effect in 2010, within which it mandated
employers to deduct five per cent of their employees' monthly salaries and pay
them into a Temporary Pensions Fund Account (TPFA) at the Bank of Ghana
(BoG).
The account
was to absorb the contributions in the meantime, while the National Pensions
Regulatory Authority (NPRA), which is the regulator of the pension industry,
put up the right regulatory framework, license the trustees and register them
for actual work to start.
The Minister
of Employment and Labour Relations, Mr Haruna Iddrisu, explained recently that
the government could not entrust the management of the pension scheme into the
hands of the workers’ unions.
The unions
have, however, vowed to call off their strike only if the government released
the money that had accrued from their tier-two pension fund into their various
schemes.
The
Attorney-General, on October 24, 2014, sued the workers on behalf of the
government, asking the Accra High Court to declare the indefinite strike
illegal.
A statement
of claim accompanying the suit prayed the court for an order to compel the
unions to call off the strike and resume work.
The Industrial and Labour Division
of the Accra High Court has granted an interlocutory injunction restraining
nine unions from continuing with their indefinite strike over issues
concerning their tier-two pension funds.
Justice Saed Kwaku Gyan, a Court of
Appeal judge sitting with additional responsibility as a High Court judge, has,
therefore, directed the leadership of the unions to ensure an immediate end to
the indefinite strike and return to work with their respective members.
Affected
unions
The effected unions are the Health
Services Workers Union (HSWU), Ghana Registered Nurses Association (GRNA),
Ghana Medical Association (GMA), Ghana Physician Assistants Association (GPAA),
and the Ghana Pharmacists Association(GPA).
The others are the Ghana Association
of Certified Registered Anaesthetists (GACRA), the Ghana National Association
of Teachers (GNAT), the Teachers and Educational Workers Union (TEWU) and the
National Association of Graduate Teachers (NAGRAT).
“This order of interlocutory
injunction is to take immediate effect and shall remain in force for a period
of eight days or until a further order of this court,” the court said.
The court also directed the
plaintiff/applicant, which in this case is the Attorney General, to file a
fresh motion of notice for interlocutory injunction and serve it on all the
defendants/respondents — the unions.
“All efforts should be made to
immediately or promptly serve all the defendants/respondents with the writ and
statement of claim filed by the plaintiff/applicant herein, namely, suit number
INDL/6/15 dated 24th day of October, 2014.”
According to the court, the
defendants/respondents affected by the instant order of interlocutory
injunction may if they so wish within the period of eight days provided
in the order apply to the court to vacate the order.
“In view of the urgency and delicacy
of the issues raised in the substantive suit, all parties are hereby encouraged
to cooperate to facilitate the early determination of all the issues in
controversy in the said case in the ultimate and best interest of Ghana
as a nation,” the court said.
The court, however, enjoined all the
parties and stakeholders in the case to exercise maximum restraint and decorum
to ensure that the peace, stability and well-being of the nation is assured for
the benefit of all.
The
issues
About 12 labour unions are currently
on an indefinite strike in protest against the government's decision not to
allow them to manage their tier-two pension funds.
Under the new pension law, the
National Pensions Act, 2008 (Act 766), the Social Security and National
Insurance Trust (SSNIT) gets 13.5 per cent from contributors, while five per
cent goes to the second-tier operators to be managed by corporate
trustees on behalf of contributors — employees of public and private
institutions.
Although the law was passed in 2008,
it took effect in 2010, within which it mandated employers to deduct five per
cent of their employees' monthly salaries and pay them into a Temporary
Pensions Fund Account (TPFA) at the Bank of Ghana (BoG).
The account was to absorb the
contributions in the meantime, while the National Pensions Regulatory Authority
(NPRA), which is the regulator of the pension industry, put up the right
regulatory framework, license the trustees and register them for actual work to
start.
The Minister of Employment and
Labour Relations, Mr Haruna Iddrisu, explained recently that the government
could not entrust the management of the pension scheme into the hands of the
workers’ unions.
The unions have, however, vowed to
call off their strike only if the government released the money that had
accrued from their tier-two pension fund into their various schemes.
The Attorney-General, on October 24,
2014, sued the workers on behalf of the government, asking the Accra High Court
to declare the indefinite strike illegal.
A statement of claim accompanying
the suit prayed the court for an order to compel the unions to call off the strike
and resume work.
The Industrial and Labour Division
of the Accra High Court has granted an interlocutory injunction restraining
nine unions from continuing with their indefinite strike over issues
concerning their tier-two pension funds.
Justice Saed Kwaku Gyan, a Court of
Appeal judge sitting with additional responsibility as a High Court judge, has,
therefore, directed the leadership of the unions to ensure an immediate end to
the indefinite strike and return to work with their respective members.
Affected
unions
The effected unions are the Health
Services Workers Union (HSWU), Ghana Registered Nurses Association (GRNA),
Ghana Medical Association (GMA), Ghana Physician Assistants Association (GPAA),
and the Ghana Pharmacists Association(GPA).
The others are the Ghana Association
of Certified Registered Anaesthetists (GACRA), the Ghana National Association
of Teachers (GNAT), the Teachers and Educational Workers Union (TEWU) and the
National Association of Graduate Teachers (NAGRAT).
“This order of interlocutory
injunction is to take immediate effect and shall remain in force for a period
of eight days or until a further order of this court,” the court said.
The court also directed the
plaintiff/applicant, which in this case is the Attorney General, to file a
fresh motion of notice for interlocutory injunction and serve it on all the
defendants/respondents — the unions.
“All efforts should be made to
immediately or promptly serve all the defendants/respondents with the writ and
statement of claim filed by the plaintiff/applicant herein, namely, suit number
INDL/6/15 dated 24th day of October, 2014.”
According to the court, the
defendants/respondents affected by the instant order of interlocutory
injunction may if they so wish within the period of eight days provided
in the order apply to the court to vacate the order.
“In view of the urgency and delicacy
of the issues raised in the substantive suit, all parties are hereby encouraged
to cooperate to facilitate the early determination of all the issues in
controversy in the said case in the ultimate and best interest of Ghana
as a nation,” the court said.
The court, however, enjoined all the
parties and stakeholders in the case to exercise maximum restraint and decorum
to ensure that the peace, stability and well-being of the nation is assured for
the benefit of all.
The
issues
About 12 labour unions are currently
on an indefinite strike in protest against the government's decision not to
allow them to manage their tier-two pension funds.
Under the new pension law, the
National Pensions Act, 2008 (Act 766), the Social Security and National
Insurance Trust (SSNIT) gets 13.5 per cent from contributors, while five per
cent goes to the second-tier operators to be managed by corporate
trustees on behalf of contributors — employees of public and private
institutions.
Although the law was passed in 2008,
it took effect in 2010, within which it mandated employers to deduct five per
cent of their employees' monthly salaries and pay them into a Temporary
Pensions Fund Account (TPFA) at the Bank of Ghana (BoG).
The account was to absorb the
contributions in the meantime, while the National Pensions Regulatory Authority
(NPRA), which is the regulator of the pension industry, put up the right
regulatory framework, license the trustees and register them for actual work to
start.
The Minister of Employment and
Labour Relations, Mr Haruna Iddrisu, explained recently that the government
could not entrust the management of the pension scheme into the hands of the
workers’ unions.
The unions have, however, vowed to
call off their strike only if the government released the money that had
accrued from their tier-two pension fund into their various schemes.
The Attorney-General, on October 24,
2014, sued the workers on behalf of the government, asking the Accra High Court
to declare the indefinite strike illegal.
A statement of claim accompanying
the suit prayed the court for an order to compel the unions to call off the strike
and resume work.
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