The case of 161 aggrieved workers of the Ghana Broadcasting Corporation, who are protesting what they claim to be illegal monthly deductions from their salaries by the Public Sector Workers Union (PSWU), has stalled for 7-months at an Accra High Court after the court registry allegedly refused to produce the entire certified true copies of proceedings, court notes and all processes.
The said 2% monthly deductions are used for the refreshment of members during meetings among others.
“Contributions are deducted directly from monthly basic salary and used for their(members) welfare needs, maintenance of GBC Divisional Union, Organisation of May Day and other Unions activities, refreshment of members during meetings, relief benefits including mortality, retirement, and assistance during disasters, payment of affiliation fees to the Trades Union Congress (Ghana), and other International bodies like the International Trade Union Confederation (ITUC) and Public Services International (PSI), etc,” the Defendant states in an affidavit.
Per a letter cited by the New Crusading GUIDE newspaper, Counsel for the aggrieved workers requested for the record of proceedings from the Registrar of the Labour Court on 10th August 2022 after they discovered that the suit strangely bears two different numbers (IL/0029/2021 and IL/0095/2021).
But the registrar of the court is said to have given some of the records to the Plaintiffs but blatantly refused to produce the rest as requested. According to the applicants, they then asked the registrar to formally respond to their request in writing but the latter refused.
But officers at the Court’s Record of Appeal have indicated they cannot process and facilitate the Plaintiff’s appeal process to the Court of Appeal until the necessary records are reconciled, leading to a stalemate in the case.
The Plaintiffs are proceeding to the Court of Appeal to attempt to set aside a ruling by the high court that dismissed their motion for an interlocutory injunction on the deduction of the said 2% of salaries on 28th February 2022, pending the eventual outcome of the case at Labour Court 2.
Background
The aggrieved GBC staff commenced legal action against the Public Service Workers Union (PSWU) on 10th December 2020 with the suit number IL/0029/2021.
Among other things, the Plaintiffs are seeking a declaration that they are not members of the PSWU, that monthly subscription to the PSWU is illegal, wrongful and without the consent of the Plaintiffs and an order directed at Defendant (PSWU) to account for dues collected from the Plaintiffs.
However, the parties failed to settle matters out of court after an order by the court on 8th February 2021.
Subsequently, the Plaintiffs made an application for joinder after its applicants increased from 118 members to 161.
The case took a different twist on the 14th of May 2021 when the trial judge, Justice Frank Aboadwe Rockson, granted a motion by the Defendant to set aside the writ of summons and statement of claim and awarded a cost of 3,000 to the PSWU.
Thereafter, counsel for Plaintiffs filed a new writ and statement of claim on 4th June 2021 but this was recorded as a fresh case with a suit number IL/0095/20 at the High Court Labour Court 1 in Accra- (something the Plaintiffs got to know they attempted to settle records).
The Plaintiffs aver that the Defendants (PSWU) per their own constitution, specifically require as pre-condition to one becoming a member of the Defendant; filling an enrolment form, must expressly consent to the subscription deduction from his/her salary as dues to the Defendant and must further be issued with a membership card by the Defendant to confirm his/her or membership.
Defendant belatedly filed an appearance on 5th July 2021 through their lawyers Bentil-Enchill, Letsa and Ankomah but the Plaintiff filed a motion on notice for judgment in default of statement of defence on 27th July 2021 which was granted.
Subsequently, Defendant filed their Statement of Defence on 8th August 2021 and stated in paragraph 11 that the requirements for membership is currently as provided by Defendant’s Internal Regulations adopted in December 2015 and amended at Defendant’s meeting held in March 2021.
Significantly, since the present suit by the aggrieved 161 GBC workers was started in December 2020, this meant the PSWU had amended its constitution three months later, specifically in March 2021 with some new conditions for membership.
But on 12th August 20221, Plaintiff responded to the statement of defence by stating that “…express and explicit consent of the Plaintiffs are required before deductions are made to the salaries of any worker, and that only permitted deductions can be made to the salary of a worker with his/her consent.” They based their argument on the Labour Act 651, sections 69 and 70 which forbid’s such deductions on a worker’s salary except on written authority of the worker (D).”
But an attempt by the Plaintiffs to injunct the Defendants from making any further deductions from their salaries pending the outcome of the substantive case was not granted by the court. This was after the Plaintiffs had filed an order for an interlocutory injunction on 24th September but in his ruling Justice Frank Aboadwe Rockson cited three principles and authorities in arriving at his decision.
The Plaintiffs indicated their resolve to proceed to the Court of Appeal to attempt to set aside the ruling by the high court on 28th February 2022, pending the eventual outcome of the case at Labour Court 2.
But their attempt has not seen the light of day 7 months on.
