Labour agitation has been in the frontline of President Mahama administration,so government see the need for a refresher course for Mediators and Arbitrators. Such training begun last-Monday, in Accra.
The two-day workshop, which aims to update and sensitise participants on the service of Mediators and Arbitrators,?? is being organised by the National Labour Commission (NLC).
The NLC, established under Section 135 of the Labour Act, 2003 (Act 651), is responsible for preventing or minimizing labour-management conflict in both the private and public sectors of the Ghanaian economy except the Armed Forces, Police Service and the Security and Intelligence Agencies specified under the Security and Intelligence Agencies Act, 1996 (Act 526).
The NLC is thus mandated by law to use mediation and arbitration, both voluntary and compulsory as the next methods to resolve labour disputes after negotiations have failed in dispute resolution.
Addressing participants at the opening of the workshop, the Chairman of the NLC, Mr Joseph Aryitey explained that both mediators and arbitrators were required for the effective operations of the NLC, which he described as the fulcrum of the administration of the Labour Act.
Mr Aryitey indicated that mediation had taken roots in many countries across the globe and was spreading throughout the Common Law jurisdictions as an alternative to the traditional practice of oral adversarial trials, hence the need for mediation to become an essential element in the training of lawyers.
He stressed the need for unions, employees and even government to be educated on issues regarding mediation, emphasising that when managed well mediation could develop parties? confidence in managing their own affairs.
The chairman for the programme, Mr Bossman Agyarko, an Industrial Relations Consultant noted that, one major concern of the NLC was to find an acceptable and necessary mediation structure to resolve industrial disputes.
Section 164 of the Labour Act 2003, Act 651 provides that ?(1) when a dispute is referred to compulsory arbitration in pursuance of section 160 or 162, the Commission shall be the arbitrators and shall serve on the parties a notice (a) stating what, in its opinion, are the unresolved issues between the parties; and (b) asking the parties whether they agree on those issues; (2) The Commission shall, within fourteen days after service of the notice, determine the dispute by compulsory arbitration. (3)A compulsory arbitration shall be composed of three members of the Commission, one member each representing the government, organised labour and employers? organisation. (4) In a compulsory arbitration, the decision of the majority of the arbitrators shall constitute the award and shall be binding on all the parties?.
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