Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

BARCLAYS BANK GH.LTD. v. IVAN YELĨIE

2012

COURT OF APPEAL

GHANA

CORAM

  • MARIAMA OWUSU, J.A. (PRESIDING)
  • K. A. ACQUAYE, J.A.
  • MERCY A.DORDZIE, J.A

Areas of Law

  • Employment Law
  • Administrative Law
  • Civil Procedure
  • Constitutional Law

AI Generated Summary

The National Labour Commission ruled in favor of a petitioner demoted and had their earnings reduced by their employer bank. On appeal, the bank challenged the Commission's jurisdiction and its retrospective application of the Labour Act 2003, arguing the Act should not apply to events predating its enactment in 2004. The Court of Appeal found that the National Labour Commission had no jurisdiction over the matter since the events occurred before the Labour Act came into force and thus acted outside its purview. The appeals court set aside the Commissions decision, holding that applying the Labour Act retrospectively was erroneous and against the 1992 Constitution which prohibits retroactive legislation adversely affecting personal rights and obligations.

JUDGMENT