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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
  • Constitutional Law
  • Civil Procedure

AI Generated Summary

This Court of Appeal decision concerns a labour dispute between a bank and its employee whose remuneration was reduced and rank demoted by letter dated 3-12-2001 after poor performance and a disciplinary inquiry. In 2006, the employee petitioned the National Labour Commission (NLC), which in 2009 ordered restoration to supervisor grade two and payment of salary differences and accrued benefits from January 2002. The bank appealed, arguing that the NLC lacked jurisdiction and had retroactively applied the Labour Act, 2003 (Act 651). The respondent raised preliminary objections on timing and grounds. The Court dismissed the preliminary objections for non-compliance with Rule 16 and clarified that section 134’s fourteen-day appeal applies only to orders under section 133 (unfair labour practices). The Court held the NLC’s reliance on sections 9(e) and 11 of Act 651 was retroactive to 2001 conduct, contrary to Article 107(b), and therefore ultra vires. Ground [e] became moot, Ground [a] was abandoned, Ground [c] struck out, and the appeal succeeded, setting aside the NLC’s decision. Justice Mariama Owusu authored the opinion; Justices K. A. Acquaye and Mercy A. Dordzie concurred.

JUDGMENT