…..Grants injunction over mass political demotions
The High Court in Accra (Labour Division) has granted an injunction on mass transfers and demotions that the new management of the National Disaster Management Organization (NADMO) has purposed to effect.
On Wednesday morning the court upheld the injunction after it had been moved by lawyer George Loh, one of the Counsels for the 133 directors of NADMO who have called attempts to transfer and relocate them to various duty posts of lower ranks as unlawful.
A presiding judge at Labour Court 2 ruled that all transferred directors should remain at their old Metropolitan, Municipal and District Assemblies and not report to their new stations until the final determination of the case.
The case has consequently been adjourned to 15th March, 2018.
Court proceeding had been attended by over 100 of the 133 affected directors who have protested attempts to get them out of the way to enable the ruling New Patriotic Party fill their positions with party folks.
NADMO had been represented by its Director General, Eric Nana Agyemang-Prempeh and one of his five Deputies, Abu Ramadan.
The workers accuse the new Management of intentional attempts to replace them with NPP party people and that in that attempt; they have mostly been posted to new places and ranks that demote them.
One hundred and thirty-three district directors of NADMO who had been demoted and transferred from their duty posts had sued the Organization and its Director General, in early February.
The workers claim their demotion and transfers were done without recourse to the conditions of Service of NADMO and in contravention of the Public Service Commission’s Regulation, hence want the court to reverse the decision.
According to the workers, the Director General of NADMO in January 2018 issued appointment notices to some New Patriotic Party executives, with lower ranks, to take over from them as acting district directors.
They claimed in their suit filed at the Accra High Court that they were given transfer letters to move to new job post as “ordinary staff” of the Organisation.
The workers who are Metropolitan, Municipal and District Directors say they were given just a day’s notice to report to their new duty post and were threatened with dismissal in the event of failure to comply.
Led by one Iddriss Abdulah, the staffs say they were not even given transfer grant.
Ahead of the hearing of the case, they had issued an application at the Court praying for interlocutory injunction to stop NADMO from going ahead with the demotions and transfers until the final determination of the case.
The Court then fixed February 27 to hear the injunction application. It is that application that has been granted.
In the substantive case, the workers are praying the court for an order that their purported transfer not having been effected in accordance with the rules and regulations governing the conditions of the service of NADMO is unlawful, and thus null and void.
They also want the court pronounce as unlawful, null and void, the purported appointment of acting district directors not having been done according to laid down rules and conditions of service and not being in consultation with the public services commission, hence same must be reversed.
Source: therepublicnewsonline.com/Saul Paul