Better Ghana Management Services (BGMS), a subsidiary of Jospong Group, has reportedly defied the Ghana Labour Commission and Labour Court rulings, directing it to pay GH¢464,905 – being five months’ salary arrears to 179 workers, contracted to work for the company between 2013 and 2015.
The GH¢464,905 also constitutes accrued interest, leave commuted into cash and other cost of the workers.
According to the workers, they have resorted to the media because not even orders from the National Labour Commission and the court would push their former management to pay them their salary arrears.
Explaining how the debt came about, Mr Swallah Abdellah, spokesman for the former workers told The Chronicle that about 6,400 of them were contracted to work for BGMS in May 2011 to May 2015, as Health Promotion Officers and Assistants, all over the country.
“But before the contract would end in 2013, BGMS verbally extended the contract for two more years with a monthly salary of GH¢350”, Mr Swallah told The Chronicle.
The extension meant that the group was going to work till May 2015. However, the contract was verbally terminated in March 2014.
According to Mr Swallah, the company owed them 8 months’ salary at the time of termination and managed to pay three months in June 2014, leaving 5 months in arrears.
Petition to NLC
Mr Swallah indicated to this paper that two years after attempts to get management of the company to settle the debts proved futile, he managed to mobilise 178 of his co-workers to petition the NLC.
“The management has since refused to pay us the outstanding five month’s salary for the past two years and all efforts to get the money has proved futile. We, therefore, call on your highly esteemed office to authorise our former employers to settle all money they owe us, with interest…”, portions of the letter addressed to the NLC by Mr Swallah and others, on June 13, 2016 read.
Documents available to this paper indicate that the NLC, upon receipt of the petition, wrote to BGMS on July 13, 2016 but didn’t receive any response.
BGMS, however, responded to another letter, which was forwarded to it on August 9, 2017 and appeared before the commission.
The NLC ruled on December 4, 2017 that BGMS should take steps to settle the amount in question within fourteen working days.
The letter containing the ruling was signed on behalf of the Commission by Mr Ofosu Asamoah, the Executive Secretary of the Commission.
Lawyers of BGMS response to NLC
On December 15, 2017, lawyers of BGMS, Oseawuo Chambers & Co., in a letter, responded to the NLC ruling.
The letter reads: “Your letter referenced NLC/C-360/016/2017/10G and dated 5th December, 2017 has been referred to us by our client, Better Ghana Management Services Ltd with the instructions to respond to same.
“Our client is fully aware of its obligations to settle the salary arrears of the complaints in the above-mentioned case and we wish to respectfully inform the Commission that they are fully committed to meeting the obligations as soon as practicable.”
It continued that: “However, as submitted by Counsel during the hearings before the Commission, our client engaged the services of the complainants to help run a preventative healthcare programme in partnership with the Ministry of Health. After our client invested substantial resources into the implementation of the programme, the Ministry terminated the contract abruptly and this sadly led to some job loses.
“…Our client has had to resort to the courts to retrieve the sums owed. Regrettably, this has led to a delay in the settlement of salary arrears for some former workers such as the complainants.
“We wish to plead with the complainants and the Commission to exercise restraint with our client as they are working tirelessly to get the Ministry to settle its indebtedness so that any outstanding salaries can be paid,” it ended.
High Court Judgement
After failing to comply with its decision, the NLC sought the intervention of Labour Division of the High Court on the February 10, 2020. On July 14, His Lordship Justice Frank AboadweRockson gave a judgement that the Respondent (BGMS) should comply with the decision of NLC by paying the total amount, GH¢464,905.00 to Swallah Abdellah and the 178 others.
Mr Abdellah indicated to this paper that, despite this judgement, they have still not received the money hence the resort to media.
Attempts to get Jospong Group for its side of story
After Mr Abdellah’s interview with this paper, the reporter made attempts to speak with the management of Jospong Group.
A Communications Director of Jospong Group, who this reporter contacted, assured her that he had forwarded the issue to the appropriate persons and that they will contact the reporter.
Days after not returning the call, the reporter got in touch with the Communications Director again.
He told the reporter that she can go ahead with the story because attempts to get management to respond had proven futile.
