Accra: Two former employees of the Ghana National Fire Service (GNFS), who were dismissed for becoming pregnant, have achieved a historic legal victory after a court ruled their dismissals were unconstitutional. The landmark case, which challenged gender discrimination in the workplace, resulted in Thelma Hammond and Grace Fosu being reinstated, alongside an order for salary restitution and compensation.
According to Ghana News Agency, Thelma Hammond, 41, and Grace Fosu, 38, were dismissed from the GNFS in 2011 and 2014, respectively, for violating a regulation that prohibited female officers from becoming pregnant within the first three years of employment. The controversial rule was deemed a violation of their fundamental human rights by the Accra High Court in 2018. Justice Anthony Yeboah’s ruling stated that the regulation infringed upon their rights to work, family life, and freedom from discrimination, aligning with Ghana’s Constitution and international labor conventions.
The case, which drew signifi
cant attention both domestically and internationally, marked a significant step forward for women’s rights in Ghana. It set a legal precedent by challenging and overturning the GNFS’s regulation 33(6), rendering it incompatible with the 1992 Constitution, the Labour Act of 2003, and various International Labour Organisation conventions ratified by Ghana. The court also ordered the GNFS to compensate both women with 50,000 cedis each in addition to reinstating them.
Despite the court’s ruling, the compensation payment remains outstanding. The women have appealed to the Commission on Human Rights and Administrative Justice (CHRAJ) for assistance in securing the ordered compensation. A CHRAJ lawyer, who requested anonymity, revealed that the state, represented by the Attorney General, is pursuing legal avenues to potentially overturn the compensation ruling, a move that has further complicated the women’s quest for restitution.
Labour expert Mr. Austin Gamey criticized the delay, attributing it to a lack of un
derstanding of legal obligations within public and some private sector employers. He advocated for a payment plan and suggested taking the matter to the Labour Commission if necessary. Mr. Gamey emphasized the necessity for employers to respect the rights of pregnant employees, denouncing the practice of terminating employment due to pregnancy as discriminatory and uncivilized.
This case has highlighted the broader challenges faced by women in the workplace, particularly in sectors like security services. It underscores the importance of legal avenues available to women facing discrimination and sets a powerful example for others to seek redress through the courts. Meanwhile, Thelma and Grace continue their duties as reinstated firewomen, advocating for women’s rights and hoping for the eventual resolution of their compensation claims.