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NATIONAL LABOUR COMMISSION
V.
PIPES & PLASTICS PRODUCTS LTD.

(2013) JELR 64627 (CA)

Court of Appeal 30 May 2013 Ghana
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- The Court of Appeal affirmed that periods of probation and prior service must be included in the calculation of end of service benefits and annual leave for employees, regardless of confirmation date or designation as “casual” or “probati

Case Details

Suit Number:SUIT NO.: H1/82/2012
Judges:OWUSU M. J.A. (PRESIDING), OFOE V. J.A., SOWAH C. J.A.
Counsel:MR. OPOKU BOATENG FOR RESPONDENT/APPELLANT,MR. OSCAR ASANTE-NNURO FOR PLAINTIFF/RESPONDENT

MARIAMA OWUSU, J.A:

On 10-11-2008, the National Labour Commission upheld the petitioners petition and ordered the respondent to compute the end of service benefit of the Petitioners, taking into account their date of engagement, inclusive of the period of probation, and forward the computation to the Commission within fourteen (14) days from the date of receipt of the decision for further directives. The respondent was further directed to add to the Petitioners’ terminal benefits, the sum of money representing leave earned by the Petitioners.

Dissatisfied with the decision of the Commission, the respondent appealed to this court on the following grounds;

1. The Labour Commission misdirected itself on the interpretation put on Article 44 of the Appellant Company’s Collective Bargaining Agreement.

2. The Commission erred in holding that the length of service of a worker includes the probation.

3. The Commission erred in directing the Appellant to add to the Petitioners terminal benefits the …

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