GAUA Strike Procedure Breach: Ghana Labour Act Notice Requirement

• The Ghana Association of University Administrators (GAUA) is on an industrial strike to address disparities in allowances and conditions of service.
• The National Labour Commission (NLC) has raised concerns that GAUA may have breached procedure for industrial action by failing to provide formal notice.
• Under Ghana's Labour Act, 2003 (Act 651), parties involved in an industrial dispute must exhaust prescribed dispute-resolution procedures before resorting to industrial action.
• The NLC's intervention is expected to focus on both the procedural issues and the underlying grievances raised by GAUA.

GAUA failed to formally notify the Commission and affected employers before withdrawing services, sparking questions about the procedural validity of the strike.

The Ghana Association of University Administrators (GAUA) has been on an industrial strike to address disparities in allowances and conditions of service. However, the National Labour Commission (NLC) has raised concerns that GAUA may have breached procedure for industrial action. According to sources at the NLC, GAUA failed to formally notify the Commission and affected employers before withdrawing services. This omission has sparked questions about the procedural validity of the strike. The NLC's intervention is expected to focus on both the procedural issues and the underlying grievances raised by the administrators.

Under Ghana's Labour Act, 2003 (Act 651), parties involved in an industrial dispute must exhaust prescribed dispute-resolution procedures before resorting to industrial action. Section 159 of the Act requires written notice to be given before industrial action is undertaken. This notice triggers a period during which the employer, union or workers' association, and the NLC can engage to resolve the dispute and avert industrial action. The required notice gives the Commission an opportunity to intervene in the dispute before workers proceed with a strike. GAUA's failure to provide formal notice has raised concerns about the legitimacy of their current industrial action.

The NLC's concerns over procedural validity may impact the strike's legitimacy, potentially affecting university administrators' ability to claim benefits or invoke industrial action protections. Lawyers advising university administrators should be aware of these implications and consider their clients' position in light of the NLC's intervention. The underlying grievances raised by GAUA remain unresolved, but the procedural issues surrounding the strike have become a critical point of contention. The outcome of the NLC's intervention will likely determine the future course of action for both parties involved.

Lawyers advising university administrators should be aware that the NLC's concerns over procedural validity may impact the strike's legitimacy, potentially affecting their clients' ability to claim benefits or invoke industrial action protections.

Source: Original reporting via JoyNews