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All is set for a showdown in court in the case in which some 205 recruits of the National Service Scheme (NSS) who were recruited under the erstwhile National Democratic Congress (NDC) administration have been sacked by the Secretariat.

The Attorney General’s (AG’s) Department on Friday filed its statement of defence in the matter, paving the way for the trial to commence.

The dismissed personnel filed a suit earlier at the Labour High Court to challenge their dismissal, but successive adjournments upon the request of the AG have slowed the trial process.

The State has now served the plaintiffs to clear the path for the hearing to commence.

Though the AG’s representatives were absent in court on Friday, the plaintiffs, through their counsel, Theodore Adinazoya, told the court that, “the defendants’ statement has been served on us, but I could not tell why my colleagues from the AG’s Department are not here.”

The court presided over by Justice Gifty Dekyem adjourned the case to November 7, to commence hearing. The long adjournment was due to the long legal vacation, which starts on August 1 to September 30, 2017.

Background

The dismissed staff proceeded with the court action because they claimed that there was no board in place to sanction the decision as required by the NSS Act.

However, State Attorneys on Monday asked the court for additional time to file their statement in opposition to the application and also sought leave to file an application for the whole suit to be dismissed because it lacks merit.

The Labour Court granted their request and has subsequently adjourned the matter to April 5, 2017 for hearing. The National Service Scheme on Wednesday [February 8. 2017] issued a statement announcing the revocation of the appointments of the 205 recruits.

The statement said, “The management of the NSS has, on the advice of the Minister of Education, withdrawn the National Service staff recruitment which was done in December 2016 with immediate effect.”

It said, “This decision is informed by a thorough consideration of violations of due process prior to recruitment.

These included petitions to the Public Services Commission (PSC) against the recruitment process upon which the PSC, in a letter dated 16th November, 2016, advised the former Ag. Executive Director to halt the recruitment process until the matter was properly resolved. This was, however, ignored and the appointment letters were issued to some persons on 15th December, 2016.”

It also urged the affected persons to look forward to another opportunity when it conducts proper staff recruitment.

But the immediate past Executive Director of the NSS, Dr Michael Kpessah Whyte, who said the decision was wrong, urged the persons affected to go to court.