AN ACCRA High Court has placed an interlocutory injunction on the ongoing strike by the University Teachers Association of Ghana (UTAG) which has brought teaching and learning in the public universities to a halt.
The injunction by the court followed the failure on the part of the National Labour Commission (NLC) and UTAG to strike an out-of-court settlement that favoured both parties.
The court, on February 2, 2022, gave the two parties, which have been at each other’s throat, the opportunity for an out-of-court settlement on their differences which has seen UTAG been on strike for the fifth consecutive week. The two parties have not been able to settle their differences.
The court, on February 10, gave the two parties another opportunity to negotiate an out-of-court settlement but this also failed, hence the need for the continuation of the case filed by the NLC.
Lawyers for NLC therefore, moved their motion for injunction which was seeking to halt the strike until the final determination of the substantive suit which is seeking the enforcement of its orders on UTAG members to return to the lecture halls.
Eva Amihere, counsel for NLC, in moving the motion, prayed the court to place an injunction on the ongoing strike action by the university teachers.
Kwasi Keli-Delataa, counsel for UTAG, initially told the court that he had not received any instructions from his clients that the strike will be called off.
He objected to the moving of the motion and urged the court to instead consider the substantive matter, which is seeking an enforcement of NLC’s orders.
The court, presided over by Justice Frank Rockson Aboadwe, said it has taken judicial notice of the opportunities given to the parties to settle the matter out of court.
The court said negotiation cannot be conclusive if UTAG is still on strike and, therefore, granted the application for interlocutory injunction, which effectively ordered the members of UTAG to call off the strike and return to the classrooms.
The substantive matter for enforcement of NLC’s orders has been adjourned to February 22, 2022.
BY Gibril Abdul Razak