Fmr. NCCE Director goes to Court over benefits

A former Cape Coast Metropolitan Director of the National Commission for Civic Education (NCCE), has instituted legal action against the Commission and the Attorney General and Minister of Justice, over the refusal to pay long service benefits due him.

Mr. John Kingsley Arhin, who worked with the Commission for 16 years but is currently on retirement, is praying the Cape Coast District Magistrate’s Court, to order his former employer to pay him GH¢4, 073.00.

He is also seeking that the Court, presided over by Mr. William Baffoe, to direct his former employer to pay the said amount with interest at the prevailing Commercial Bank interest rate from March 2013 to the date of the Judgment and final payment.

Additionally, Mr. Arhin led by his counsel, Mr. Daniel Arthur, is seeking an order of cost incidental to the institution of the present action and any other relief or reliefs as the court may deem fit so to grant in the circumstances.

Mr. Arhin, who was employed on March 1, 1998 by the NCCE, worked until he proceeded on mandatory retirement on July 4, 2014.

According to his particulars of claim, in accordance with the Collective Bargaining Agreement (CBA) governing the NCCE and its employees, an employee who has served the commission for a period of 15 years was entitled to a long service award of two and half months’ basic salary and a certificate.

It further stated that Mr. Arhin, having served the Commission for a period of over 16 years, was entitled to the aforementioned amount as of March 2013, but the Commission failed and refused to pay him, despite repeated demands, compelling him to institute the legal action.

In a response filed by the counsel for the Commission, Mr. Jeffery Amoako, a collective bargaining agreement was signed between the NCCE and the Public Service Workers Union (PSWU) on January 1, 2006 after series of negotiations.

It said the agreement was later forwarded to the Ministry of Finance for consideration before implementation and that the financial proposals were approved on July 26, 2006 with the execution of Article 51 and 52 on long service award, among others.

It stated, however, that the NCCE consulted the Union and submitted a circular to its staff Union, a division of the PSWU, and all Regional and District Directors, informing them that provisions in Article 51 and 52 of the CBA was not operational.

It said this was in accordance with Article (2IV) of the CBS, which states that, “It recognized that if during the life of this Agreement there are challenges in the law, regulations or discussions of appropriate authorities, which may necessitate changes in personnel policies, practices or other matters affecting working conditions, and if the changes leave management no discretion in the matter, the Union will be informed of such changes.’

It said accordingly, all staff, including Mr. Arhin, were made aware of and understood the situation through workshops and various meetings and that no application in respect of the said issues were ever made since the collective bargaining agreement became operational.

It stated that when Mr. Arhin wrote to the NCCE and the Union for payment of the said amount as long service award, he was duly informed that such request would not be entertained since Articles 51 and 52 had not been approved by the Government.

But when the case was called in court, Mr. Arhin denied all the responses filed by the Commission, saying that he had not received any circular informing him that Articles 51 and 52 were not operational.

The case has been adjourned to Monday, March 16, for continuation.