LABOUR COMMISSION v. CROCODILE MATCHET

J U D G M E N T.

ANSAH, JSC;

This action was commenced under the Labour Act of 2003, Act 651, when on 18 August 2006, the National Labour Commission filed a motion for an order to compel Crocodile Matchets Ghana Ltd. to comply with its orders made on 20th April 2006. The action was founded on section 172 of the Labour Act of 2003, (Act 651)

The facts which have ended in this appeal and which are deduced from and formed the case of the appellant Commission were that one James Agyemang Badu and five others, who until 19-12-2005 were employees of the Crocodile Matchets Factory, complained to the National Labour Commission of unfair and unlawful termination of their employment. They proceeded under section 64 (1) of the Act. The section read:

64 Remedies for unfair termination.

(1) A worker who claims that the employment of the worker has been unfairly terminated by the workers employer may present a complaint to the Commission.”

The Commission sent copies of the petition to ‘Crocodile Matchets’ for their comments, after which the parties were summoned to the Commission for a hearing. Two persons namely, Mr. Danso-Acheampong the deputy or vice-chairperson of the Commission and Opanin Obeng Fosu both representing the Commission, sat to hear the petition, after which they found the termination of appointments of the five employees to have been unfair and wrongful and made some consequential orders against the Company. The Company refused to comply with them thus prompting the National Labor Commission, acting under Section 172 of the Labor Act, 2003 (Act 651) to file an application before the High Court, Tema, for the Company to enforce its orders. The said section provided that:

“172. Enforcement of orders of the Commission.

Where a 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 High Court, Tema, coram Nana Gyamera Tawia, granted the application and proceeded to order the Company to comply with the orders made by the Commission, whereupon the Company appealed to the Court of Appeal which set aside the decision by the High Court founded as it were on the proceedings and decision of the Commission on 9th July 2009.

The Commission was dissatisfied with the judgment of the Court of Appeal and appealed to this court seeking an order for the Company to comply with i