Brown Vrs National Labour Commission and Another [2019] GHASC 43 (19 June 2019)

Brown Vrs National Labour Commission and Another [2019] GHASC 43 (19 June 2019)

The Supreme Court held that although the Court of Appeal has jurisdiction to hear appeals from the NLC on unfair termination, such appeals must be filed within 14 days and further appeals to the Supreme Court require leave of the Court of Appeal or special leave of the Supreme Court. The appellant's failure to...

Source-derived case information.

Citation
[2019] GHASC 43
Parties
Petitioner/appellant/appellant: James David Brown; Respondent: Ahantaman Rural Bank Ltd.
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
19 June 2019
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Unfair Termination, Appellate Jurisdiction, Time Limits for Appeal, Leave to Appeal, Role of National Labour Commission
Source Language
english
Labour Law Constitutional Law Unfair Termination Appellate Jurisdiction Time Limits for Appeal Leave to Appeal Role of National Labour Commission

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Parties

James David Brown

Petitioner/appellant/appellant

Ahantaman Rural Bank Ltd.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear appeals from the National Labour Commission on unfair termination
  2. 2 Whether the appeal was filed within the statutory time limit
  3. 3 Whether leave of the Court of Appeal or Supreme Court is required for further appeal to the Supreme Court from the NLC

Ratio Decidendi

The Supreme Court held that although the Court of Appeal has jurisdiction to hear appeals from the NLC on unfair termination, such appeals must be filed within 14 days and further appeals to the Supreme Court require leave of the Court of Appeal or special leave of the Supreme Court. The appellant's failure to comply with these requirements rendered the appeal incompetent and a nullity.

Court Disposition

appeal dismissed

Orders

  • Name of the National Labour Commission struck out as a party
  • Appeal dismissed for being incompetent and filed without leave