This is an application made pursuant to section 172 of the Labour Act, 2003 (Act 651) which provides that:
‘Where any person fails or refuses to comply with a direction or an order issued by the Commission under this Act the Commission shall make an application to the High Court for an order to compel that person to comply with the direction or order.’
In the instant case, Petitioners (Complainants) had petitioned Applicant against their employer, Respondent herein to seek redress regarding the method of calculation and payment of their retirement benefits. After failure at mediation and the non consent of Respondent to submit to voluntary arbitration, the petition was summarily determined by Applicant.
Petitioners worked as unionised junior staff from 1996 to 2005 and as management staff from 2005 till dates of their retirement. Petitioners’ employment relationships were guided by the Collective Bargaining Agreement when they were unionised members and subsequen…