NGO’s case against GMA thrown out of court
Information reaching e.tv Ghana points out that, the case in which the Coalition of Non Governmental Organisations in Health sued the Ghana Medical Association over the strike by doctors has been thrown out.
The NGO filed a motion on notice to compel the GMA to call off the strike by its members.
But counsel for the GMA, Nene Amegatcher raised preliminary objections to the motion, arguing the applicants lacked the capacity in law to sue the doctors, for, according to the Labour Act (Act 651), only the National Labour Commission could bring a case against the doctors to seek to compel them to call off the strike. He described the motion as "incurably bad", and called on the court to dismiss it.
The High Court, presided over by Mr Justice Eric Obimpeh, upheld Mr Amegatcher's argument and struck out the case Tuesday morning.
Dismissing the suit, the court advised the coalition to apply to the Human Rights Division of the High Court, if it so wished.
But counsel for the applicants, Mr James Odartey Mills, said that won't be necessary.
He told journalists he was disappointed with the ruling, citing however that, his clients were happy that they got involved and attempted to save a situation.
Explaining the decision not to re-apply to the Human Rights Court, Mr Odartey Mills said the processes there were laborious and would not serve any practical purpose.
He said an application to the Human Rights Court, would take 21 days for the respondents to bring a response and another 21 days for you to bring a reply.
The General Secretary of the Greater Accra branch of the Ghana Medical Association, Dr Ernest Yorke said the ruling was good for everybody.
He said it would now clear the way for stalled compulsory arbitration between the GMA and the Fair Wages and Salaries Commission which started Monday but did not progress partly because of the pending suit to continue.
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