POLYTECHNIC ADMINISTRATION OF GHANA v. FAIR WAGES & SALARIES COMMISSION
2016
COURT OF APPEAL
GHANA
CORAM
- S.E. KANYOKE J.A. (PRESIDING)
- AGNES M.A DORDZIE J.A
- I.O. TANKO AMADU J.A
Areas of Law
- Administrative Law
- Employment Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves an appeal by the Senior Non-Academic Staff of Public Polytechnics against a decision of the National Labour Commission regarding a dispute with the Fair Wages and Salaries Commission. The dispute centered on the implementation of a market premium factor agreed upon in a 2012 communiqué. The Court of Appeal dismissed the appeal on all grounds, finding that: (1) the 2012 communiqué was not a binding legal document, (2) the arbitration award for university staff had no automatic bearing on the Appellant's market premium, (3) the 2013 Government White Paper superseded previous arrangements and extinguished the Appellant's claim to the 0.9 market premium, and (4) the Respondent was not estopped from following the new government policy. The case highlights principles of administrative law and employment law, particularly regarding the implementation of government policies in public sector remuneration and the binding nature of preliminary agreements in labor negotiations.
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.
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.
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.
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”.
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