NLC defends injunction against nurses’ strike, says law was breached

The National Labour Commission (NLC) has defended its decision to seek an injunction to compel striking nurses and midwives back to work, citing multiple violations of Ghana’s Labour Act by the Ghana Registered Nurses and Midwives Association (GRNMA).

Speaking on the Asaase Breakfast Show on Tuesday (11 June), Assistant Public Relations Officer of the NLC, Julia Pwoawuvi, insisted that the GRNMA failed to follow legal procedures before embarking on their nationwide industrial action, which has disrupted health services across several public facilities.

“The Commission is an adjudicating body,” Ms Pwoawuvi clarified. “Under Section 138 and 139 of the Labour Act, we are mandated to facilitate the settlement of industrial disputes. In this case, the GRNMA failed to comply with the requirements under the Act before proceeding on strike.”

According to her, the NLC received the Association’s notice of intention to strike on May 29, 2025, and responded the next day with an invitation for a hearing. However, the GRNMA failed to appear before the Commission, which, in the NLC’s view, activated a “cooling-off” period under Section 161, making the strike action illegal.

“Even if the letter was dated May 28, it is the date of receipt that matters legally—not the date on the letter,” she stressed. “The Commission received the letter on the 29th and the strike began on June 2nd. That’s fewer than seven days, and by proceeding while negotiation efforts were active, they breached the law.”

Ms Pwoawuvi further noted that since the services of nurses and midwives are considered essential, the law under Section 163 expressly prohibits strike action that can lead to loss of life, unless strict conditions are met.

While acknowledging that Section 162 of the Labour Act obliges both parties in an essential service dispute to reach a settlement within three days—and if unresolved, refer the matter to compulsory arbitration within 24 hours—Pwoawuvi said the GRNMA’s failure to engage with the Commission impeded that process.

“We couldn’t commence the compulsory arbitration under Section 164 because they did not honour our invitation. That’s why we had to resort to an injunction to compel them to appear,” she said.

She also clarified that the injunction was not pre-planned but became necessary after the GRNMA ignored the Commission’s directives.

“There was no prior intention to injunct them. It was only after they failed to appear before us that we took that legal step. We then obtained an order for substituted service, which has since been executed. The strike must be called off immediately, or else it will be a contempt of court issue.”

When asked what the NLC’s next step would be should the GRNMA comply, Pwoawuvi said the Commission would resume engagement to resolve the underlying dispute.

“We are still committed to resolving this matter. But the law must be respected. The strike must end first so we can proceed with arbitration as required.”

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