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JUDGMENT
J U D G M E N T
Adjei-Frimpong,J.A:
This suit has a brief antecedent. The Respondents before us, originally complainants at
the National Labour Commission were employees of the GCB Bank Limited, the
Appellants herein. Prior to their employment with the Appellant, the Respondents had
been employees of two defunct banks under what has come to be known as the banking
crises in this country. The Appellant engaged them based upon a Purchase and
Assumption Transaction entered between it and the joint Receivers of the two banks.
Having worked with the Appellant for about two years, their employments were
terminated by the Appellants. No reasons were assigned for the termination. Each was
however paid three months’ salary in lieu of notice. Aggrieved nonetheless, the
Respondents filed a complaint against the Appellant at the National Labour
Commission (hereinafter “the Commission”). The reliefs they sought were as follows:
1. Reinstatement
2. Payment of all salaries, allowance etc. till final payment.
3. Compensation for trauma and hardship
4. Costs including legal and associated cost directive as this Commission deem appropriate.
At the Commission, an aXempt at resolving the dispute by mediation failed. The
Commission referred the maXer to voluntary arbitration with the consent of the parties
pursuant to Regulations 15 and 17 of the National Labour Commission Regulations,
2006 (L.I 1822). Upon hearing, the Sole Arbitrator Mr Paul Osei Mensah published an
award in favour of the Respondents. The award was short and unambiguous. It stated:
“The award.
From the analysis of the relevant facts and law as well as the Collective Agreement (1)
Each of the three Complainants should be paid three months salary for each year of
service or part thereof. (2) Each should, in addition, be paid their salaries from the
effective date of termination to 31/1/2022 when the Arbitration process began.
I am unable to ask the employer to pay them any loss of future income, because by
diligent effort, they may be able to secure alternative work within a reasonable time. Their
entitlements under this award must be paid not later than 21 days from today
The Appellant was unhappy with the award and is before this court on appeal. He filed
the appeal on 30th March 2022. The grounds in the notice of appeal without any
addition, contrary to an indication to later file additional grounds, are as follows:
1. The award is against the weight of evidence
2. Th