Fired Public Employees Sue Government for Unfair Dismissal
Public Sector Employees Sue Government Over Unlawful Dismissal
Forty former public sector workers have filed a lawsuit against the government, contesting their recent termination. The impacted employees, who were previously employed by a number of governmental organizations, have petitioned the Accra High Court for judicial review, claiming that their discharge was illegal.
According to the fired employees, they were lawfully hired for public service jobs after going through the proper procedures. Their court filing states that they received their appointment letters from October 2024 to January 5, 2025. They argue that hiring new staff before the conclusion of a government’s term is not prohibited by law.
According to Article 58 of the Ghanaian Constitution, the former workers, who were employed by the Ghana Revenue Authority (GRA), Ghana Shippers Authority (GSA), Ghana Ports and Harbours Authority (GPHA), National Lottery Authority (NLA), Driver and Vehicle Licensing Authority (DVLA), and National Health Insurance Authority (NHIA), contend that their employment was lawful. They contend that the constitutional clauses protecting employment in the public sector were broken and that their terminations were politically motivated.
The plaintiffs contend that a change in political administration alone cannot be used as an excuse for firing public employees. They point out that their termination letters, which were sent by the Chief of Staff on behalf of the Office of the President, violate Articles 23 and 296 of the Constitution of 1992. They also contend that the action politicizes public service, which is against Article 191(a) of the Constitution.
The former employees are requesting the following from the court:
- A declaration that their dismissals are unconstitutional, rendering them null and void.
- An order of certiorari to overturn the terminations.
- An order of mandamus compelling their respective institutions to reinstate them.
- An injunction preventing future politically motivated dismissals of public sector workers.
The case is expected to set a significant precedent in Ghana’s labor laws, particularly concerning the employment rights of public sector workers during governmental transitions.
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