FWSC wins case against Labour Commission

An Accra Fast Track High Court on 16th April 2014 quashed the directive of the National Labour Commission (NLC) to the Fair Wages and Salaries Commission (FWSC) to restore the Conversion Difference of members of the Ghana Medical Association (GMA). A press statement issued in Accra by FWSC recently made this known.

It said on 7th May, 2013, NLC issued a directive FWSC to restore the Conversion Difference of members of the Ghana Medical Association (GMA), who worked in public health facilities.

“The FWSC, which was dissatisfied with the directive, on 6th June 2013, filed an application at the Fast Track Division of the High Court seeking a Judicial Review to quash the directive.

“The NLC and GMA, for over 10 months, never filed any processes or responses in opposition to the application, although they were duly served with the court processes; and had the option to oppose the application within seven days after service of the notice of application on them.”

In its ruling, the court stated that the failure of NLC, the respondent and GMA, the interested party, to file any processes in opposition to the application within the time limited by law meant the two organisations had admitted the averments contained in FWSC’s affidavit which was attached to the application.

The court consequently quashed the directive of the NLC. The impasse between the FWSC and the GMA came up for deliberation at the meeting of the Public Services Joint Standing Negotiating Committee (PSJSNC), which concluded that the matter must be allowed to exhaust the court processes.

The NLC lost a similar case in the High Court against FWSC a few months ago in its quest to compel FWSC to implement a ruling that (NLC) had made in favour of another union, Government Hospitals and Pharmacists Association (GHOSPA).