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NATIONAL LABOUR COMMISSION
V.
FIRST ATLANTIC BANK LTD

(2020) JELR 92051 (SC)

Supreme Court 2 Dec 2020 Ghana
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- The Supreme Court affirmed that “redundancy pay” under section 65 of Ghana’s Labour Act, 2003 (Act 651) applies not only in cases of closure, arrangement, or amalgamation (s.65(2)), but also where employment is terminated due to major org

Case Details

Suit Number:CIVIL APPEAL NO. J4/62/2019
Judges:GBADEGBE, JSC (PRESIDING), AMEGATCHER, JSC, OWUSU (MS), JSC, LOVELACE-JOHNSON (MS), JSC, KULENDI, JSC
Counsel:EFFIBA AMIHERE FOR THE APPLICANT/APPELLANT/RESPONDENT. ISMAEL ANDANI ABDULAI FOR THE REPONDENT/RESPONDENT/APPELLANT.

JUDGMENT

KULENDI, JSC

On the 25th day of March 2020, the Appellant herein filed a Notice of Appeal, against the judgment of the Court of Appeal which judgment was delivered on 14th February, 2019. In the said judgment, the Court of Appeal upheld an appeal by the National Labour Commission (the Respondent herein) against the refusal of the High Court to grant an application for an order to enforce the decision of the Respondent. 

BACKGROUND:

The background to the proceedings that has brought about the instant appeal can be summarized as follows:

By letters dated 27th August, 2015, the employment relationship of two workers of the Appellant bank was severed. The letter, although addressed to the two workers individually, had the same content. The letter, which may be found at page 10 of the Record of Proceedings reads in part as follows:

“REDUNDANCY”
This comes to inform you that owing to the significant changes that have occurred in the demands, skills and competencies required for the delive…

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