The Labour Division of the High Court in Accra will on Monday, July 3, 2023, hear a motion on notice to enforce the NLC’s decision in a complaint filed by the Ghana Mineworkers Union against Sunon Asogli Power Ghana Limited.
In a letter to the NLC, Management of Sunon Asogli said they do not object to employees joining a union but maintained that the process by which the complainant, the Mineworkers Union, is proceeding with the purported unionisation is contrary to the applicable statute.
In an affidavit in support of its motion, the NLC said the Ghana Mineworkers Union had petitioned it against the respondent over unfair labour practice. According to the NLC, its members were being coerced to leave the union. Without hearing from the respondent after seven days, the NLC said it issued a reminder to Sunon Asogli’s management.
That the parties should constitute a Standing Negotiating Committee (SNC) to negotiate and resolve any disagreement they have, failure of which, they must report to the Commission.” It said on June 16, 2023, the Commission received a joint letter from the parties indicating that they had not been able to reach an agreement in line with the directives of the NLC.
After various meetings between the parties, a notice of industrial strike was served on the Commission.
The Commission said on receipt of the notice of strike, it asked the parties “to stay all intended industrial actions”. The NLC said on March 3, 2023, the Union also wrote to it, indicating that the respondent had been issuing threats and intimidating members of the local executives to the extent that three workers had had their employment terminated despite the Commission ‘s directive “to stay all intended actions”.
The NLC held that the “termination of employment of the three employees was not justifiable in law”. It said it breached the Labour Act provision of unfair labour practice and a breach of the fundamental human rights of employees to associate with unions of their choice.