In a recent court ruling, the High Court of Justice has granted an injunction to stop teacher deductions for certain expenses ¹. The ruling, made on February 20, 2024, comes after a plaintiff sought to restrain the Ghana Education Service and other defendants from deducting various sums from teachers' allowances.
The court ruled that the defendants cannot deduct certain amounts from teachers' allowances, including the Continuous Professional Development Allowance, until the suit is finally determined. However, the court noted that some deductions, such as the renewal of the License for Teachers, are legal and can continue.
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This ruling is a significant development for teachers in Ghana, and we will continue to provide updates as more information becomes available.
What does this mean for?
• Certain deductions from teachers' allowances have been halted until the suit is finally determined.
• The renewal of the License for Teachers is still a legal deduction.
• Teachers should continue to monitor their allowances and report any unauthorized deductions to their union or legal representatives.
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Stay tuned for further updates
We will continue to provide updates on this developing story as more information becomes available. In the meantime, teachers are advised to stay vigilant and report any unauthorized deductions to their union or legal representatives.
Read the full Ruling here;
IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE, GENERAL JURISDICTION DIVISION '13' HELD IN ACCRA ON TUESDAY THE 20TH DAY OF FEBRUARY, 2024 BEFORE HIS LORDSHIP JUSTICE JOSEPH ADU-OWUSU AGYEMAN, JUSTICE OF THE HIGH COURT
SUIT NO. GJ/0136/2024
PLAINTIFF
STEPHEN DESU I ABABIO TAKOR LANE, CM-041-30-3086 MANKESSIM
VRS.
1. GHANA EDUCATION SERVICE MINISTRIES, ACCRA.
DEFENDANTS
2. NATIONAL TEACHING COUNSEL OPP, UNIVERSITY OF GHANA
CITY CAMPUS, ACCRA.
3. ATTORNEY GENERAL MINISTRIES, ACCRA
TIME: 09:17 AM.
PARTIES: PLAINTIFF PRESENT
DEFENDANTS ARE REPRESENTED BY NICHOLINA NIKOIOLAI
COUNSEL: WAYOE GHANAMANNTI FOR PLAINTIFF/ APPLICANT PRESENT
STELLA BADU WITH ANASTAS IA ADUSEI TAWIAH YVONNE OPONG, AND PRISCILLA ADDAI- KWARTENG FOR THE DEFENDANTS PRESENT
RULING
There is a Motion on Notice by the Plaintiff/ Applicant seeking an Order to retrain the 1st and 2nd Defendant/ Respondent from operating the Framework for Professional
Development of Teachers, Guidelines for points Based System (Inset and Portfolio) and also to restrain same from deducting various sums from the 'Continuous Professional Development Allowance' for Teachers including the Plaintiff in November 2023 or therefrom until the instant suit is finally determined.
After submissions from both Counsel based on the processes filed it is clear from this Court that all the Framework being operated under the Fees and Charges Act
cannot be restrained by this Court since they are not illegal and the Framework also being operated under the Educations Act, 2008 [ACT 778] should also be maintained until they are repeated, cancelled, reviewed or terminated under the new Act of 2020 [ACT 1023].
Therefore the new charge of Ghana One Hundred and Fifty Ghana Cedis (150.00) which Counsel for the Defendants concede that it has been abandoned by the Defendants and whose Framework is still under consideration in Parliament cannot be allowed to stand as it is illegal.
For the Fees for the renewal of the License for Teachers, once it is covered by the Fees and Charges Act, it is legal.
Therefore, based on the authorities, the only Fees which is now against an Act of Parliament since it has not been approved and was not existing under the Old Act of 2008 [ACT 778] this Court will injunct and or restrain the 1st and 2nd Defendants from deducting such an amount from the Teachers until Parliament has approved it by passing a Regulatory Framework for it as enunciated under Section 83 of [ACT 1023). No order as to cost.
(SGD) JOSEPH ADU-OWUSU AGYEMAN (REV. FR.) (JUSTICE OF THE HIGH COURT)
