NLC Secures Court Injunction Against Striking Tertiary Unions in Ghana: A Detailed Breakdown

Introduction

On February 13, 2026, the National Labour Commission (NLC) of Ghana achieved a significant legal victory by securing an interlocutory injunction from the High Court. This court order compels four major tertiary education unions to immediately suspend their indefinite strike, which has severely disrupted academic and administrative operations across the nation’s public universities since February 3, 2026. The injunction represents a critical intervention in a complex labor dispute centered on compensation policies, pension arrears, and the interpretation of prior agreements. This article provides a clear, authoritative, and SEO-optimized examination of the situation. We will dissect the key developments, historical background, legal arguments, government responses, and practical implications for all stakeholders, including union members, university administrators, students, and the broader Ghanaian education sector. Our goal is to offer a pedagogically sound resource that clarifies the conflict’s roots and outlines the mandated path toward resolution, ensuring all information is accurate, verifiable, and free from speculation.

Key Points of the Court Order and Immediate Impact

The High Court’s interlocutory injunction is a temporary but binding order that halts the strike pending a full hearing on the substantive issues. Its immediate effect is to legally require the affected unions and their members to return to work. The core directives and impacts are as follows:

Unions Legally Bound by the Injunction

The court order directly targets the executive bodies and members of four specific unions:

• Senior Staff Association – Universities of Ghana (SSA-UoG)
• Teachers and Educational Workers Union (TEWU of TUC)
• Federation of University Senior Staff Association of Ghana (FUSSAG)
• Technical Universities Administrators Association of Ghana (TUAAG)

Union executives now face strict personal liability for contempt of court if they fail to ensure their members comply with the order to cease strike action and resume duties.

Core Grievances Sparking the Industrial Action

While multiple issues fueled the strike, three primary grievances were consistently cited by union leadership:

1. Pension Arrears: The non-remittance of Tier Two pension contributions for a period of at least five months, creating significant financial insecurity for affected staff.
2. Allowance Alteration: The unilateral shift by the Fair Wages and Salaries Commission (FWSC) from traditional overtime allowances (which paid double time for weekend work) to a flat “call-in allowance” calculated at 10% of basic salary. Unions argue this represents a substantial pay cut and violates a 2021 agreement.
3. UniMAC Arrears: Unresolved salary disparities and outstanding payments resulting from the merger of the Ghana Institute of Journalism (GIJ) and other institutions into the University of Media, Arts and Communication (UniMAC).

Background: The Single Spine Policy, the 2021 Pact, and the Breaking Point

To understand the current crisis, one must examine the framework of Ghana’s public sector compensation and the specific promise at the heart of the dispute.

The Single Spine Pay Policy (SSPP) Framework

Introduced to streamline and rationalize public sector salaries, the Single Spine Pay Policy (SSPP) is the overarching mechanism for determining compensation for public sector employees in Ghana. Administered by the Fair Wages and Salaries Commission (FWSC), the policy aims to ensure equity and transparency. A key component for certain staff categories under the SSPP is the “call-in allowance,” a fixed percentage (typically 10%) of basic salary payable for work performed outside normal hours, which the FWSC states has been the standard entitlement for senior staff since the policy’s implementation around 2010.

The Contested 2021 Agreement

Unions assert that in 2021, a specific agreement was negotiated and signed with relevant government bodies, including the FWSC. This pact, they claim, explicitly preserved their right to traditional overtime payments (double time for weekends and public holidays) as a distinct and superior entitlement beyond the standard call-in allowance. The FWSC’s subsequent decision to enforce only the call-in allowance is viewed by the unions as a “unilateral breach” of this 2021 commitment, effectively reducing their take-home pay.

The government’s position, as articulated by the FWSC, is that the 2021 agreement did not supersede the foundational rules of the SSPP and that senior staff have never been entitled to overtime pay in the traditional sense under the current unified pay structure. This fundamental disagreement over the interpretation and validity of the 2021 document is the technical core of the allowance dispute.

Legal Analysis: Why the NLC and Court Deemed the Strike Unlawful

The NLC’s legal strategy and the court’s swift injunction were grounded in a clear interpretation of Ghana’s labor laws, specifically the Labour Act, 2003 (Act 651).

Section 160 of the Labour Act, 2003 (Act 651)

The cornerstone of the NLC’s argument is Section 160 of Act 651. This section stipulates that a strike or lockout is illegal if it occurs while a trade dispute is pending before the Commission (the NLC) for mediation or conciliation. The NLC confirmed that it had already initiated mediation proceedings on the unions’ grievances before the strike commenced on February 3, 2026. Therefore, by proceeding with industrial action during this active mediation period, the unions violated the statutory “cooling-off” period designed to encourage negotiated settlements without disrupting essential services.

The NLC’s Stance on “Harmonious Industrial Relations”

In official statements preceding the court action, the NLC emphasized its mandate to foster “harmonious industrial relations.” It argued that allowing a strike during active mediation undermines the entire dispute resolution framework established by law. The Commission repeatedly directed the unions to call off the strike to allow substantive discussions to continue, a directive they ignored, prompting the NLC to seek judicial enforcement. The court’s injunction now makes the NLC’s directive a legally enforceable order.

Contempt of Court and Personal Liability

The injunction places union national and local executives in a precarious legal position. Should members continue to strike, the union leadership can be cited for contempt of court. Consequences for contempt can include fines or imprisonment for the responsible officers. This shifts the burden of compliance directly onto the union’s governance structures, increasing pressure to enforce the court’s return-to-work order among their rank-and-file members.

Government Response: The Pension Arrears Clearance Plan

Acknowledging the validity of at least one major grievance, the government moved swiftly to address the pension arrears issue, likely to bolster its legal and public standing.

Minister of Education’s Announcement

On February 10, 2026, the Minister of Education, Haruna Iddrisu, announced a two-part financial plan to clear the Tier Two pension debt:

• GH¢396 million had already been allocated and was being processed to clear a “good portion” of the outstanding arrears.
• An additional GH¢600 million was reportedly being processed by the Controller and Accountant-General’s Department to bring the total debt to “near-closure.”

This action demonstrated a willingness to resolve a concrete financial obligation, though it did not address the contested allowance policy, which remained the principal sticking point.

Why the Strike Continued Despite the Pension Payment Promise

Union leaders initially remained res