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Labour Commission rules on GMA and FWSC disputes

Mon, 14 Nov 2011 Source: --

BY Frank Atiase

Accra, - The National Labour Commission (NLC) has described as fair and

equitable the Fair Wages and Salaries Commission’s (FWSC) market

premium for doctors under the Single Spine Salary Structure (SSSS).

The market premium for doctors is based on 1.0 for House Officers Grade up

to Medical Officer Grade whilst 1.2 is for those above the Medical

Officers Grade.

“It’s our considered opinion that the GMA's grievances on the grade of

District Director of Medical Services and Medical Superintendent raised

against the FWSC was actually a matter outside the jurisdiction of FWSC.

“GMA should therefore direct its concerns to the management of the Ghana

Health Service which administers the provisions of the Ghana Health

Service and Teaching Hospitals Act, 1996, Act 525,” the NLC stated in

the compulsory arbitration report circulated on Monday.

The 14-page report titled: “NLC in the matter of compulsory arbitration

between FWSC – representing government of Ghana, and Ghana Medical

Association,” captures deliberations during the October arbitration.

The three man NLC Compulsory Arbitration Panel chaired by Opanin

Obeng-Fosu, Mrs Angelina M. Domakyaareh and Mr Dennis K. Y. Vormawor,

also affirmed that the two parties - the GMA and FWSC had agreed on the

grading structure at Dodowa, from October 2 to 5.

The grading are: Consultant 25L; Senior Specialist 24H; Specialist 24L:

Chief Medical Officer 23H; Deputy Chief Medical Officer 22H; Senior

Medical Officer 21H; Medical Officer 21L; Senior House Officer 19H; and

House Officer 19L.

The FWSC was represented by Mr George Smith-Graham, Chief Executive; Madamw Eva

Addo; Mr Cornelius Yawson; Mr Emmanuel Kwami who are all FWSC

Directors and Mr Franklin Neizer a Deputy Director.

The GMA was represented by an 11-member team including Dr E. A. Winful,

former President, Dr K. Opoku-Adusei, Vice President, Dr Frank Serebour, Assistant

General Secretary, Dr Edward Boateng, Dr Paapa Puplanpu, Dr

Dominic B. Otchere and Dr Rita Larson Reindorf all GMA Council Members.

The rest were, Dr Ernest Yorke, Dr Frank Owusu-Sekyere, Dr Frederick Kwarteng,

and Dr Eben Ewusi Emmim, all members.

The arbitration process started on Monday October 24, but due to the fact

that the GMA had withdrawn its services, the actual hearing started on

October 27 after GMA called off its strike action.

According to the report, the two bodies presented both oral and documentary

evidence to support their claims, with spokes persons, counsels and

witnesses.

It would be recalled that on October 7, the FWSC petitioned the NLC on

what it termed “Threat of strike by the GMA,”. Subsequently the NLC

referred the dispute between the two bodies to a compulsory arbitration

under section 162 and 164 of the Labour Act 651, 2003.

The NLC noted that in contravention of section 161 (1) of the Labour Act

651, the GMA embarked on a nationwide strike action on October 7.

“The GMA strike action also offended section 163 of the Act 652- an employer

carrying on, or a worker engaged in an essential service shall not

resort to a lock-out or strike in connection with or in furtherance of

any industrial dispute involving the workers in the essential service”.

end

Source: --