Labour expert Austin Gamey has urged the Civil and Local Government Staff Association of Ghana (CLOGSAG) and the government to fully adhere to the procedures of the National Labour Commission (NLC), insisting that the commission remains the legally mandated body to mediate the ongoing labour dispute.
Speaking on the JoyNews AM Show on March 11, Mr Gamey said that once a case is before the commission, parties may initially state their positions, but they must ultimately follow the rules governing the negotiation process.
“First, they don’t have a choice but to be open to the National Labour Commission. The commission is the authorised body set up by law to ensure that if there is a dispute such as this one, they invite the parties,” he said.
“They can state their position initially, but the rules of engagement will be spelled out to them, and they will have to abide by those rules.”
Mr Gamey emphasised that negotiations cannot take place effectively under the pressure of an ongoing strike, noting that the commission is likely to insist on an environment conducive to dialogue.
“I will be surprised if the Labour Commission, after the initial opening, allows them (CLOGSAG) to continue with the red flags around them. You cannot negotiate in such a situation,” he said.
Drawing from his experience in labour negotiations at the Ministry of Employment and Labour Relations, he explained that symbolic actions associated with strikes must be set aside during formal negotiations.
“I have led negotiations several times, and I can tell you, whether they are lecturers, doctors, or any other group, when they appear before you during negotiations, they should not be intimidating or pressuring you to yield to their wish,” he noted.
Mr Gamey said that once the rules are established, both parties will have the opportunity to present their positions, acknowledging that CLOGSAG may have legitimate concerns that the government must consider.
“Both parties will put their issues on the table, and CLOGSAG may have a legitimate case. The employer will have to listen and offer what they can. If they cannot meet the demand, they must explain why,” he stated.
He also cautioned government officials against bypassing proper institutions during negotiations with labour unions, highlighting the role of the Fair Wages and Salaries Commission, which is legally mandated to lead such discussions.
“This should be a lesson for us as a people. There are authorised bodies in this country clothed with the authority to lead negotiations. Ministers of State can participate, but they must do so under the rules. The authorised body to lead this kind of negotiation is the Fair Wages and Salaries Commission.”
Mr Gamey suggested that the current dispute might have been avoided if proper institutional procedures had been followed when the agreement in question was signed in 2019 by Yaw Osafo-Maafo at the Ministry of Finance.
“If the proper institutions had handled the negotiations, we would not have run into this problem,” he said, noting that the agreement was only partially implemented for some staff, leaving others excluded.
“Maybe because in 2019 we were moving towards the 2020 election, these things were done, and now we are confronted with the consequences.”
On the NLC’s earlier comment describing the strike as illegal, Mr Gamey clarified that the commission’s role is primarily to guide parties on legal implications, rather than issue final judicial pronouncements.
“Normally, the body permitted to pronounce that something is illegal is the court. But the Labour Commission has the authority to point out the legal and illegal sides of a matter and guide the parties,” he explained.
He expressed confidence that the commission would steer both sides towards a workable solution.
“They will guide them through the rules that govern this kind of negotiation, and, at the end of the day, they will find a solution,” he said.
Mr Gamey further noted that similar labour disputes in previous administrations were resolved through dialogue and cooperation, and he expects CLOGSAG to adopt a similar approach.
“I expected our friends to have the same attitude and allow themselves to be guided by the rules governing negotiations,” he said.
Despite the tensions surrounding the dispute, Mr Gamey said he remains confident in the competence of the National Labour Commission, describing it as a strong tripartite institution representing labour, employers, and independent leadership.
“The Labour Commission has very capable people. The Executive Secretary is astute, well-trained, and balanced, and the commissioners are highly experienced. It is a true tripartite body, and I have one hundred per cent confidence that they will find a solution.”
