GMA Says Government Has Rather Erred In The Implementation Of The NLC Law

The Ghana Medical Association (GMA) has claimed as untrue the allegations that it had erred in the law by proceeding with their strike saying if any party has erred, it was rather the government through the Fair Wages and Salaries Commission (FWSC). Speaking to the Ghana News Agency Dr Kwabena Opoku Adusei, President of the Association, said government was the first to flout the National Labour Commission (NLC) ruling given on the November 4, 2011 as was indicated in the decision of the NLC on 12th February, 2013. The NLC ruling on November 4, jointly signed by Opanin Obeng-Fosu, member of NLC, Mr Paul Osei- Mensah, NLC and Daniel Acheampong also of NLC ruled that: �The employer has right to vary the conditions of service of its employees upwards or downwards depending on prevailing circumstances. This revision, especially in situations where is a workers� organization, ought to be with the participation of the employees or workers� organization�. �The FWSC therefore, erred when it unilaterally proceeded to vary the terms of the November 4, 2011 Award and for that matter, the conditions of service of the GMA. Good faith as required by practice and the law appears to be missing here�. The GMA President however expressed regret about the insults being rained on them by some government officials calling them all sorts of names. He outlined sections of the National Labour law, which has been followed to the latter by the Association without government honouring its part as stated in the law, hence their final decision to embark on the strike action till every pessewa owed them have been paid by government. Sections of the law were Section 162 (1), which stated �In any industrial dispute that affects workers engaged in an essential service, the parties to the dispute shall endeavour to settle the dispute within three days of the occurrence of the dispute by negotiations�. Section 167 (1) also states that; �The award of the Commission in a compulsory arbitration shall immediately on completion be published in Gazette by the Commission. Subsection (2) states that; �An award published under subsection (1) shall be final and binding within seven days after the publication of the award�. Dr Adusei said the recent statement by the Minister of Finance Mr Seth Tekpe that government has no money to make a full and outright payment is null and void saying �it is the duty of government to look for money to pay its workers and if you do not have money, you do not insult your employee�. He said nobody including the government can coerce them to suspend the strike action, without first bringing their concerns to a closure and reiterated that it will go by the decision withdrawing total service by April 15, if their demands were not met. �We are resolute in our standing until these arrears are paid, we will abide by our decision and warned the government against the use of propaganda to demonize the Ghana Medical Association�.