REPUBLIC v. HIGH COURT, ACCRA, EX PARTE: PETER SANGBER-DERY & ADB BANK LTD

A former employee of Agricultural Development Bank Ltd. challenged his redundancy termination and sought a declaration that termination without agreed redundancy pay terms was unlawful, an order for redundancy pay calculated at three months’ salary per year of service (less severance already paid), and general damages for wrongful termination. The High Court declined jurisdiction at directions, citing section 65(5) of the Labour Act and referring the matter to the National Labour Commission, and struck out the suit. Invoking the Supreme Court’s supervisory jurisdiction, the applicant argued that no exclusive jurisdiction was vested in the Commission. The Supreme Court, per Benin JSC, held that rights underlying unfair termination pre-dated Act 651 and are enforceable in the High Court under Articles 33(1) and 140(1), and that the Commission’s remit under section 65(5) is limited to disputes about redundancy pay amounts and terms, not the lawfulness of redundancy or wrongful termination. Distinguishing rights from remedies and applying common-law principles (Pyx Granite, Barraclough, A v B), and constitutional supremacy, the Court found the High Court’s decline of jurisdiction to be a patent error amenable to certiorari and mandamus. It granted the application, quashed the order, and directed the High Court to hear the case. Justice Pwamang concurred, emphasising that statutory remedies do not automatically oust superior court jurisdiction without clear words.