LABOUR COMMISSION
V.
CROCODILE MATCHET

(2011) JELR 68540 (SC)

Supreme Court 22 Jun 2011 Ghana
BriefBot icon

BriefBot Summary

Free

- Supreme Court held that under the Labour Act, 2003 (Act 651), the National Labour Commission may delegate its quasi-judicial functions to a committee, but any such committee must comply with statutory composition requirements—specifically

Case Details

Suit Number:CIVIL APPEAL NO. J4/52/2011
Judges:ATUGUBA JSC. (PRESIDING), ANSAH JSC, OWUSU (MS) JSC, GBADEGBE JSC, AKOTO-BAMFO (MRS) JSC
Counsel:KWESI DANSO-ACHEAMPONG FOR THE APPELLANT, OSAFO-BUABENG FOR THE RESPONDENT.

JUDGEMENT

ANSAH, JSC

This action was commenced under the Labour Act of 2003, Act 651, when on 18 August 2006, the National Labour Commission filed a motion for an order to compel Crocodile Matchets Ghana Ltd. to comply with its orders made on 20th April 2006. The action was founded on section 172 of the Labour Act of 2003, (Act 651)

The facts which have ended in this appeal and which are deduced from and formed the case of the appellant Commission were that one James Agyemang Badu and five others, who until 19-12-2005 were employees of the Crocodile Matchets Factory, complained to the National Labour Commission of unfair and unlawful termination of their employment. They proceeded under section 64 (1) of the Act. The section read:

“64 Remedies for unfair termination.
(1) A worker who claims that the employment of the worker has been unfairly terminated by the workers employer may present a complaint to the Commission.”

The Commission sent copies of the petition to ‘Crocodile Matchets’ for t…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.