Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2016) JELR 107627 (HC)    
High Court  ·  SUIT No. IL/00078/2016 ·  31 Oct 2016 ·  Ghana

Ratio Decidendi

Core Terms Beta
david quarshie
21st july
chief executive officer
entrepreneurial development agency
executive director
executive secretary
papa kow sessah acquaye
state attorney
chief director
deputy chairperson
exhibit nlc
functions of the nlc
ministry of justice
attorney generals department
burden of proof rests
collective agreement
employees of respondent
exhibits yea3
facilitation meeting of the nlc
following terms
high court
industrial relations officer
issue of quorum
labour act
mental state
papa kow sessah
person fails
provisions of the labour act
provision states
secondment request
settlement agreement
settlement of industrial disputes
spite of exhibit nlc
view of a letter



Certain employees of Respondent lodged a complaint against it at the National  Labour Commission (NLC) (Applicant herein). Respondent was respondent in that  matter before the NLC and its said employees were Complainants therein. Applicant submits that, a settlement agreement was reached between the parties  whereupon parties executed an agreement specifying the terms thereof. This  judgment is in respect of motion on notice for an order for the enforcement of  the said agreement reached between parties during the facilitation meeting of the NLC 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.

The records indicate that Respondent did not comply with the terms of the said  agreement, hence th…

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