POLYTECHNIC ADMINISTRATION OF GHANA v. FAIR WAGES & SALARIES COMMISSION

TANKO AMADU J. A

(1) This is an appeal against the decision of the National Labour Commission (NLC) dated 8th October 2014 arising from a complaint of the Complainant/Appellant (hereinafter referred to as the “Appellant”), an umbrella organization representing Senior Non-Academic Staff of Public Polytechnics and allied groups against the Respondent/Respondent (hereinafter referred to as the “Respondent”), a creation of statute known as the Fair Wages and Salaries Commission Act 2007(Act 737) to ensure fair, transparent and systematic implementation in the government public service of any policy as well as developing salary structures for the public service.

1. The brief background facts to this appeal are that, upon the introduction by government in January 2010, of the new pay policy, referred to as the Single Spine Pay Policy (SSPP) with a number of components including payment of market premium an incentive specifically designed to attract, retain and compensate certain public officers with scarce and critical skills in the public service, labour agitations by various labour unions including the Appellant resulted.

In consequence of this, a meeting was held between the Appellant and the Respondent the outcome of which produced a communiqué signed by the respective parties dated 21/8/2012.

1. Prior to the communiqué, there was an ongoing dispute and negotiations between the Senior Members Academic and Senior Members Non-Academic of Public Universities (an entity different from the Appellant) and the Respondent in respect of the market premium relativities to be applied for the former.

2. In the said communiqué, the Appellant and Respondent had agreed in paragraph 3 as follows: - “that in the event of a change in relativity of the Senior Members Academic and Senior Members Non-Academic of Public Universities, the new relativities shall apply for Senior Members Non-Academic of Public Polytechnics providing that in that event, the market premium factor for Senior Members Non-Academic of Public Polytechnics shall not exceed the equivalent of the absolute value of 0. 9”.

3. It is pertinent to note that though there is no indication that the communiqué was published, there is no denying the fact that it was signed by the Respondent’s Chief Executive Mr. George Smith-Graham and the President of the Appellant (PAAG) Mr. Edward Asante Antwi and their respective witnesses.

However, due to a deadlock in the negotiations between the Senior Members, Non-Academ