NATIONAL LABOUR COMMISSION v. NESTLE GHANA LTD.
2013
COURT OF APPEAL
GHANA
CORAM
- OWUSU M., J.A. (PRESIDING)
- ACQUAYE, J.A.
- WELBOURNE, J.A
Areas of Law
- Administrative Law
- Civil Procedure
- Employment Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The National Labour Commission ordered Nestle Ghana Limited to compensate workers for unfair termination. The High Court enforced this order, which Nestle appealed, arguing it was invalid due to a lack of quorum as per statutory requirements. The Court of Appeal agreed, declaring the Commission’s decision a nullity due to non-compliance with section 140(3) of the Labour Act 2003 (Act 651), and thus set aside the High Court's order.
MARIAMA OWUSU, J.A:
On 27-1-2011, the High Court [INDUSTRIAL/LABOUR DIVISION], ACCRA, ordered Nestle Ghana Limited, the respondent/appellant to pay to each of the Petitioners forthwith 12 month salary for unfair termination of their employment. The respondent/appellant was further ordered to pay the Petitioners interest on the various amounts due at the current bank rate from 17-12-2008 until the date of final payment. Cost of GH¢2,000.00 was awarded in favour of the applicant.
Dissatisfied with the decision of the High Court, the respondent appealed to this Court on the following Grounds;
1. The trial judge erred in holding that the decision of the National Labour Commission was enforceable against the respondent.
2. The Trial court erred in holding that the Labour Commission had power under the Labour Act to hand down a “decision” which is enforceable in law.
3. Other grounds of appeal to be filed upon receipt of the record of proceedings.
The relief sought from the Court of Appeal:
The decision of the trial judge should be set aside.
Before dealing with the arguments canvassed for and against this appeal, I will like to give a brief background of this case.
On 3-12-08, the National Labour Commission gave a decision in a matter entitled:
IN THE MATTER BETWEEN INDUSTRIAL AND COMMERCIAL WORKERS’ UNION AND NESTLE GHANA LIMITED and made the orders quoted supra. The Commission ordered that the said decision must be complied with within 14 days on receipt of the decision. Then on 31-8-2010, the Commission filed Motion on Notice at the High Court [Industrial/Labour Division] Accra, to enforce the decision of the Labour Commission pursuant to section 172 of the Labour Act 2003, Act 651. In the accompanying affidavit deposed to by Edward Briku Boadu, the Executive Secretary of the National Labour Commission, the Commission averred among other things as follows;
3. “That on 30-7-2008, the Industrial and Commercial Workers Union of Ghana [ICU] on behalf of its members, Stephen Kwami Agbanu and Ekumah Dardah Mensah, petitioned against the termination of the latters’ employment by the employers, the respondent herein, Nestle Ghana Limited.
4. That, after investigating the matter, the Commission on the 3-12-2008 published its award and made orders in the following terms:
“In the view of the Commission, the allegation of assault was not proved by the employer, therefore there was no fair reason for the termination and the procedure was also not