NATIONAL LABOUR COMMISSION
V.
MANTRAC GNANA LIMITED

(2011) JELR 63828 (HC)    
High Court  ·  SUIT NO. IDLM 1/11 ·  18 Mar 2011 ·  Ghana
CORAM
KWABENA ASUMAN-ADU
Core Terms Beta
respondent
decision
applicant
order
application
court
interest
section
decision of the applicant
appointments
judgment
labour act
termination
affected ex-employees
collective bargaining agreement
commercial workers union
court of appeal
current application
current case
high court
reasonable time
antecedents of the case
applicant claims
behalf of messrs bob adonis djah
decision appeal
employees of the respondent
exhibit a.
extension of time
facts of the case
final decision
former employees of the respondent
george asante boateng
inherent jurisdiction of the court
months’ pay
order of the applicant
original application
own collective agreement
payment of interest
person fails
previous occasions
relevant provisions
said exhibit
substantive issue
supreme court
termination of the appointments of the said employees
third warning
third warning letter

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…

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