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MARITIME AND DOCKWORKERS' UNION OF THE TRADES UNION CONGRESS OF GHANA v. STATE SHIPPING CORPORATION (BLACK STAR LINE)

March 23, 1983

HIGH COURT

GHANA

CORAM

  • OSEI-HWERE J

Areas of Law

  • Employment Law
  • Administrative Law
  • Alternative dispute resolution

AI Generated Summary

The dispute between the Maritime and Dockworkers’ Union of the T.U.C. (Black Star Line branch) and the State Shipping Corporation (Black Star Line) over a 20% rent allowance for workers in corporation houses was referred by the Commissioner for Labour and Social Welfare to Dr. Joe K. Ansere as sole arbitrator. Dr. Ansere ended the allowance while workers occupied corporation houses, but further awarded that management must hand over all such houses to the workers, effective 1 May 1979, with the implication that new owners would then be entitled to the allowance. The Commissioner confirmed the award and it was published. Although the corporation’s board directed implementation, management refused. The High Court held that Act 299 excludes Act 38 and that ministerial confirmation confers statutory force, rendering post-confirmation awards beyond judicial review. It found consent to the ownership issue through participation without protest and applied Thames Ironworks to uphold the further award. Judgment was entered for the union with an order to transfer the houses; the counterclaim was dismissed.

JUDGEMENT