NATIONAL LABOUR COMMISSION
V.
MANTRAC GNANA LIMITED
JUDGMENT
The Industrial and Commercial Workers Union (ICU) petitioned the applicant on behalf of four employees of the respondent who had their appointments terminated by the respondent in January, 2005. The applicant went into the matter and after due hearing, it came out with its decision on 27th November, 2008. Its final decision was as follows:-
“Since the termination was not in conformity with your own Collective Agreement, that is, a third warning after two warnings, the termination was unfair.
You are, therefore, ordered to pay six months pay to each of the affected ex-employees as compensation for unfair termination and all other accrued entitlements. Payment should be made before 31st December, 2008.
The respondent has, however, refused to comply with the order of the applicant. So the applicant has brought this application pursuant to Section 172 of the Labour Act, 2003, Act 651 pleading for an order to enforce its decision against the respondent which the respondent has opposed…
