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KULENDI, JSC:-
On the 25th day of March 2020, the Appellant herein filed a Notice of Appeal, against the judgment of the Court of Appeal which judgment was delivered on 14th February, 2019. In the said judgment, the Court of Appeal upheld an appeal by the National Labour Commission (the Respondent herein) against the refusal of the High Court to grant an application for an order to enforce the decision of the Respondent.
BACKGROUND:
The background to the proceedings that has brought about the instant appeal can be summarized as follows:
By letters dated 27th August, 2015, the employment relationship of two workers of the Appellant bank was severed. The letter, although addressed to the two workers individually, had the same content. The letter, which may be found at page 10 of the Record of Proceedings reads in part as follows:
“REDUNDANCY”
This comes to inform you that owing to the significant changes that have occurred in the demands, skills and competencies required for the delivery of its current objectives, the bank is no longer able to deploy you in any role. You are accordingly declared redundant with effect from September, 1st 2015.
In accordance with article 65 of the Labour Act, 2003 (Act 651) the bank will submit proposals for the negotiation of a redundancy package with the Union of Industry Commerce and Finance Workers (UNICOF)
Your statement of accounts, indicating your entitlements and liabilities will be communicated to you in due course, together with a redundancy package resulting from the negotiations.
We thank you for the services rendered to the Bank during the period of your employment and wish you success in your future endeavors.”
The “redundant workers” were members of the Union of Industry, Commerce and Finance Workers Union (hereinafter called “the Complainant”).
On 21st April, 2016, the Complainant, being the labour representative of the affected employees made a formal complaint to the Respondent after several attempts by them to negotiate the redundancy package with the Appellant had failed. The complaint submitted to the Respondent which may be found at page 8 of the Record of Proceedings.
On 12th May, 2016, the Respondent wrote to the Appellant for response to the Complaint and the Appellant duly filed its response with the Respondent on 27th June, 2016.
This may be found at page 17 of the Record of Proceedings. It reads in part as follows:
“1.0 REDUNDANCY-FACTS OF THE MATTER
We wish to confirm that Messrs. Jo