Ratio Decidendi



NATIONAL LABOUR COMMISSION
V.
NESTLE GHANA LTD.

(2013) JELR 65365 (CA)    
Court of Appeal  ·  SUIT NO.: H1/42/2013 ·  30 May 2013 ·  Ghana
CORAM
OWUSU M. J.A. (PRESIDING), ACQUAYE J.A., WELBOURNE J.A.

Ratio Decidendi

Core Terms Beta
respondent
high court
labour act
nestle ghana limited
decision of the high court
commercial workers’ union
decision of the labour commission
labour commission
orders
single member
case of republic
court of appeal
decision of the national labour commission
industrial dispute
interested parties
j.a
labour division
mariama owusu
national labour commission
supreme court
supreme court decisions
trial judge
behalf of its members
brief background of this case
case of national labour commission
clear violation
commercial workers union of ghana
copies of the correspondence
copy of the decision
date of final payment
decision of the trial judge
executive secretary of the national labour commission
ex parte allgate co. ltd.
fair reason
favour of the said ex-employees
following grounds
following terms
grounds of appeal
interested party
interlocutory injunction
lawyers of the claimant
lordship ansah
member panel
order of this honourable court
particular circumstances of this case
provisions of act
said decision
simple reason
single member of the commission
trial court

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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