The University Staff Association Of Ghana has accused the government of bad faith in the implementation of its conditions of service.
According to the Association, It is a trite principle of law that when parties enter into an agreement, the agreement must be performed in good faith.
Prof Solomon Nunoo, National President of UTAG in a statement issued in Accra said the unilateral variation of agreed terms undermines the willingness of the innocent party’s preparedness to
perform their side adding “furthermore, the NLC has not been reasonable in its rulings.
Read full statement below
CONTINUATION OF STRIKE ACTION
RE: BLATANT UNILATERAL VARIATION OF AGREED CONDITIONS OF
SERVICE IN THE FACE OF HOSTILE ECONOMIC CONDITIONS
The National Executive Committee (NEC) of UTAG held an Emergency Meeting on Friday, 21st October 2022 to deliberate on the above subject matter. They acknowledged the efforts of the various Labour Unions, namely,
GAUA, SSA-UoG, TEWU-GH, FUSSAG and TUTAG, to address the ongoing impasse. After the hearings at the National Labour Commission (NLC) and meetings with the Employer, the issue of the adjusted ex-pump rate of GH¢10.99 being implemented to affect Vehicle Maintenance and Off-Campus Allowances is still pending.
After extensive deliberations, the NEC of UTAG unanimously agreed that there has been a blatant unilateral variation of the agreed Conditions of Service (CoS) of University Workers by the Employer in the face of the current hostile economic conditions following the 16th June 2021 MoA signed by both parties.
It is trite principle of law that when parties enter into an agreement, the agreement must be performed in good faith.
Thus, the unilateral variation of agreed terms undermines the willingness of the innocent party’s preparedness to
perform their side. Furthermore, the NLC has not been reasonable in its rulings.
From the totality of the facts and
evidence before it, the NLC should have no difficulty in making a definite order against the Employer to pay amounts
on figures agreed and established by convention.
As a result of the disparities in the implementation of the adjusted ex-pump rate, the NEC of UTAG reiterated its
resolve to follow through with the decision to withdraw teaching and related activities, namely, assessment of
examination scripts and postgraduate theses, processing, auditing and certification of examination results,
departmental and related meetings, etc., until further notice and call on all UTAG members across the fifteen (15) branches to observe same.
However, campuses writing End of Semester Examinations are permitted to complete the examinations. Branch
Executives are directed to hold meetings with leaders of the sister Labour Unions to determine Essential Services that can run during the ongoing Strike Action.
Meanwhile, our lawyers have raised serious concerns about the rulings of the NLC and have forwarded same to
the Commission. They have advised that the steps being taken in respect of the rulings of the NLC are without prejudice to the rights our Association have in law.
As a matter of urgency, we call on the Employer to restore members to the agreed CoS. Following the uneasiness
among UTAG members, any delay by the Employer would further exacerbate the already fragile academic calendar
to the detriment of all stakeholders.
Thank you.
Prof Solomon Nunoo, National President
Dr Asare Asante-Annor, National Secretary