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NATIONAL LABOUR COMMISSION
V.
NESTLE GHANA LTD.

(2013) JELR 65365 (CA)

Court of Appeal 30 May 2013 Ghana
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- The Court of Appeal held that decisions of the National Labour Commission rendered by fewer than the statutory quorum of five members (per s.140(3) Labour Act, 2003, Act 651) are a nullity and unenforceable. - The High Court’s order enfor

Case Details

Suit Number:SUIT NO.: H1/42/2013
Judges:OWUSU M. J.A. (PRESIDING), ACQUAYE J.A., WELBOURNE J.A.
Counsel:MISS MARTHA APPIAH FOR RESPT/ RESPT/APPELLANT,MR. DICK ANYADI FOR APPLT/RESPT/RESPONDENT

MARIAMA OWUSU, J.A.

On 27-1-2011, the High Court [INDUSTRIAL/LABOUR DIVISION], ACCRA, ordered Nestle Ghana Limited, the respondent/appellant to pay to each of the Petitioners forthwith 12 month salary for unfair termination of their employment. The respondent/appellant was further ordered to pay the Petitioners interest on the various amounts due at the current bank rate from 17-12-2008 until the date of final payment. Cost of GH¢2,000.00 was awarded in favour of the applicant.

Dissatisfied with the decision of the High Court, the respondent appealed to this Court on the following Grounds;

1. The trial judge erred in holding that the decision of the National Labour Commission was enforceable against the respondent.

2. The Trial court erred in holding that the Labour Commission had power under the Labour Act to hand down a “decision” which is enforceable in law.

3. Other grounds of appeal to be filed upon receipt of the record of proceedings.

The relief sought from the Court of Appeal:

The de…

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