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THE REPUBLIC
V.
CHARLES DARKWA ANTWI AND GLAHCO HOTELS AND TOURIST DEVELOPMENT CO. LTD

(2017) JELR 65841 (CA)

Court of Appeal 12 Jun 2017 Ghana
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- The Court held that the arbitration between the parties was not conducted under the Labour Act but as an independent arbitration agreement after the parties abandoned proceedings before the National Labour Commission. - As such, the award

Case Details

Suit Number:SUIT NO: H1/150/2016
Judges:VICTOR OFOE JA (PRESIDING), ADUAMA OSEI JA AND AVRIL LOVELACE-JOHNSON JA

ADUAMA OSEI JA:

I have had the benefit of reading beforehand the judgment of His Lordship Justice Ofoe in which he orders the dismissal of this appeal. I agree with him that the appeal ought to be dismissed.

There is however an aspect of the case that has engaged my attention on which I intend to put down a few thoughts by way of supporting the opinion of my learned brother.

In this contribution, the Claimant/Applicant/Respondent will be referred to as “the Respondent”, and the Respondent/Respondent/Appellant will be referred to as “the Appellant”.

By a letter dated the 21st of October, 2011, the Appellant terminated the employment of the Respondent, who was before then its Legal and Business Development Officer. The termination gave rise to a dispute between the Appellant and the Respondent over the entitlements due from the Appellant to the Respondent.

When, after negotiations between them, the Appellant and the Respondent failed to reach agreement on the entitlements due, the Respondent…

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