Court declares POTAG strike legal

The Human Rights Division of the Accra High Court has declared that the strike embarked upon by the Polytechnic Teachers Association of Ghana (POTAG) is legal.

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Consequently, the court, presided over by Mr Justice Kofi Essel Mensah, has asked the National Labour Commission (NLC) to enter a compulsory arbitration procedure, provided for under Regulation 26 of the National Labour Commission (NLC) Regulations, 2006 (LI 1822), with POTAG to resolve the impasse.

Accordingly, Mr Justice Mensah said the NLC was expected to enter the compulsory arbitration within 10 working days with the leadership of the lecturers.

Polytechnic teachers across the country has been on strike for the past one month to protest against the non-payment of their book and research allowance.  

The strike led to the closure of polytechnics in the country after the 21-day period elapsed per the Polytechnic Act which states that a school or polytechnic will be closed after 21 days of continuous strike by lecturers or students.

Victory for the rule of law

In an interview with the Daily Graphic, the counsel for POTAG, Mr Justin Pwavra Teriwajah, described the ruling of the court as victory for the rule of law. 

He said the significance of the ruling was that the NLC had to watch every step it took in its mandate to resolve labour disputes, adding that the courts would not condone any act of lawlessness embarked upon by the commission.

“The court’s ruling signifies the end of the days when the NLC would come out to declare a strike as illegal when no formal complaint has been lodged with it by the appropriate employer for the commission to delve into the labour dispute as a neutral quasi-judicial body,” he added.

He indicated that he believed the ruling would keep the NLC on its toes and do justice in the numerous cases it might be dealing with.

Victory for future generation

In spite of the challenges that the ruling might bring on the students, the National President of POTAG, Mr James Dugrah, said it would go a long way to benefit  future generation.

“If we do not ensure fairness and equity in the profession, generation yet unborn will blame us one day for not setting good standards,” he said.

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