Why Kofi Jumah can’t sack GIHOC staff who partake in Organised Labour’s strike

The Managing Director of GIHOC Distilleries Limited, Maxwell Kofi Jumah cautioning his staff against joining a planned strike by Organised Labour sparked public outrage.

According to checks conducted by GhanaWeb, the GIHOC boss cannot dismiss his staff who partake in the Labour Union’s strike action because the Labour Act 2003 opposes such a measure.

The act states that any strike action taken by a group of workers against their employer over a dispute shall not result in the termination of their contracts because it is deemed to be legal.

It adds that once an individual is supporting the group or showing sympathy to aid their group in resolving an issue with the employer, it does not violate labour regulations.

Hence, once GIHOC is part of the Organised Labour, it becomes illegal for Jumah to sack any of his staff for going on strike to support their union.

“Subject to sections 159 and 160, a strike or lockout is legal if it is in sympathy with or in support of a strike action taken by another worker or group of workers against their employer on account of an industrial dispute with the employer.

“During any lawful strike or lockout, the employment relationship between the employer and the workers shall not be affected by the strike or lockout and any termination of the contract of employment as a result of the lawful strike or lockout is void,” portions of Section 63(2)I of the Labour Act 2003 stated.

What Kofi Jumah said:

Speaking in an interview with Oyerepa FM, Jumah warned that any staff of GIHOC who decides to join the Organized Labour’s strike will be dismissed with immediate effect.

“I hope the GIHOC members are listening. If you like, don’t report to work. Anyone who joins them [Organized Labour’s strike] will be sacked. I am saying this on authority. There are labour laws in the country. Let the issue be a national concern, not GIHOC’s own.

"If someone doesn’t sleep well and comes to say things, then you follow. So, if you like, follow them and see. They should not even waste our time because we are wise people at GIHOC,” he stressed.

He made the comment after Organised Labour served notice that it will embark on a strike on October 10, 2024, if the government fails to respond to the calls.

The labour group has met with the government to discuss their request for a ban on illegal mining activities, locally known as galamsey, across the nation; however, no agreement was reached.

Some aggrieved Ghanaians embarked on a three-day strike, calling on the government to take action against galamsey.

SB/ ADG