NATIONAL LABOUR COMMISSION
V.
NORTH LEGON HOSPITAL

(2010) JELR 63822 (HC)    
High Court  ·  SUIT NO. INDL.08/10 ·  20 Jul 2010 ·  Ghana
CORAM
KWABENA ASUMAN-ADU
Core Terms Beta
respondent
case
applicant
court
judge
petitioner
section
matter
order
respondent hospital
current case
panel
facts
irregularity
civil cases
court of appeal
criminal cases
kwasi danso-acheampong
labour act
member of the panel
petitioner’s employment
adhoc committee
administrative body
charles acheampong
clear indication
copy of the petition
criminal case
current case show
days’ salary
deputy chairperson
deputy chairperson of the commission
employment of the hospital
enforcement of the order
fair hearing
favour of the petitioner
kwabena asuman-adu
main issue
mere technicality
national labour commission
notice of the fact
procedural error
procedures of the traditional courts
respondent pays
rules of natural justice
said decision
said decision of the applicant
samuel n. k. agbenyegah
substantial miscarriage of justice
trite law

KWABENA ASUMAN-ADU: One Gladys Asase (hereinafter called “the Petitioner”) was employed by the Respondent Hospital as a ward Assistant in 1997. On 21st November, 2006, she was dismissed from the employment of the Hospital. Not being satisfied with her dismissal, she filed a petition at the National Labour Commission against the Respondent Hospital. A copy of the petition was sent to the Respondent by the Applicant for its comments on it. After the Respondent had sent its response to the Applicant it subsequently invited the parties for a hearing after which they were given the opportunity to settle the matter out of the Commission. They could, however, not settle the matter so the Commission ruled on the matter in favour of the Petitioner in which it stated that, the Respondent having failed not only to justify the dismissal but failed to secure the Petitioner’s employment by a contract of employment, breached section 12(1) of the Labour Act, 2003 (Act 651) so it found the dismissal o…

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