An Accra High Court has granted an interim injunction against the industrial action embarked upon by members of the Telecom and IT Professionals Union (TIP).
The court also ordered the various factions including the leadership of the union to “appear before the National Labour Commission for the meeting slated for 18/03/2021 at 12:30 pm”.
The court gave the order following an application filed by MP Infrastructure (GH) Limited, Linfra Ghana Limited and Remie Ghana Limited, employers of the telecom workers.
Although they have subsequently called off the strike, their employers believe the interim injunction will prevent them from declaring another industrial action.
TIP is made up of Engineers and Technicians contracted by four sub-contractors (SBCs) who have been engaged by Huawei Technologies Limited (a Telecommunications vendor), to manage and maintain the technical operations of MTN, AirtelTigo and Vodafone.
The plaintiffs in a separate writ of summons say the industrial action declared by their employees is unlawful.
They are thus praying the court to order the Telecom Union to within eight days to cause an appearance.
According to them, they are still in the process of agreeing with the union on a suitable date for a reconstituted Job Evaluation consultation and therefore cannot fathom why the Telecom Union notified the National Labour Commission (NLC) to embark on industrial action.
The plaintiffs say the strike is a breach of the NLC’s directive to addressing the impasse between the two parties and one that will have dire consequences on telecommunication operations in the country.
In their statement of claim, the plaintiffs are seeking five reliefs which include:
1. A declaration that the industrial strike embarked upon by the Defendants on 15th March 2021 is illegal.
2. A declaration that the Defendant’s members who are employees of the Plaintiffs are engaged in the provision of essential services and are prohibited from embarking on industrial strike action.
3. An order compelling the defendant to call off the industrial strike action embarked upon on the 15th of March 2021.
4. An interlocutory injunction restraining the Defendant’s members who are employees of the Plaintiffs from embarking on any industrial strike pending the final determination of this suit.
5. A perpetual injunction restraining the Defendant’s members who are employees of the plaintiffs from embarking on an industrial strike.
Background
The Telecom and IT Professionals Union declared a strike which was intended on March 15, 2021, in protest of poor conditions of service.
The Union has said salary negotiations with the management of the four subcontractors who have been engaged by Huawei Technologies Limited to maintain the technical operations of MTN, AirtelTigo, and Vodafone have not yielded fruitful results.
They resolved to boycott work until their concerns are addressed but after the union and its employers will be meeting the NLC on Thursday to find an amicable solution to the matter and have suspended the strike.
