MANFORD GYANSA-LUTTERODT v. AFAM CONCEPT

ACKAH-YENSU (MS.) JSC:-

INTRODUCTION

This Ruling is predicated on an appeal filed by the Complainant/Applicant/Appellant (hereinafter referred to simply as the “Appellant”) to this Court regarding a refusal by the Court of Appeal to grant an application for extension of time to file an appeal against the decision of the National Labour Council (NLC). The Respondent/Respondent/Respondent has raised a Preliminary Objection on the ground that since the cause or matter commenced at the NLC, the Appellant ought to have sought the leave of the Court of Appeal or the Special Leave of the Supreme Court in accordance with the provisions of Article 131(1) and 2 of the 1992 Constitution, and section 4(1)(2) of the Court Act 1993 (Act 459).

BACKGROUND FACTS

The Appellant had his employment with the Respondent terminated in March 2016. Aggrieved with the termination of his appointment, Appellant petitioned the NLC on a complaint of Unfair Termination. Upon consideration of the facts, evidence, and the relevant law, the NLC made a finding that the Appellant’s employment was unfairly terminated as he was not given an opportunity to be heard, nor was he heard on the charges which Respondent relied on to terminate his appointment. In effect, the rules of natural justice had not been complied with in the process which resulted in the termination of the Appellant’s appointment.

The NLC concluded that the Respondent had breached the provisions of the Labour Act 2003 (Act 651) by unfairly terminating the Appellant’s employment, and consequently ordered the Respondent to compensate the Appellant by paying him nine (9) months’ salary (using his basic monthly salary assessed at the Ghana Cedi equivalent of US$3,400.00) for unfair termination of his employment and the lump sum of GH¢57,000.00 for expenses incurred by the Appellant in the course of his employment owed him by Respondent.

The decision of the NLC even though delivered on 17th November 2020, was made available to the Appellant on 15th December 2020, which was after the fourteen (14) days provided by the Labour Act, within which period a dissatisfied party can file an appeal against the decision of the NLC to the Court of Appeal.

The Appellant contended that since he was already out of time to file an appeal at the time the NLC’s decision was served on him, and being aggrieved with the said decision, he filed an application before the Court of Appeal for extension of time within which to appeal, with a Proposed N