Customs Execise and Preventive Service Vrs National Labour Commission [2009] GHASC 8 (4 February 2009)

Customs Execise and Preventive Service Vrs National Labour Commission [2009] GHASC 8 (4 February 2009)

The majority held that the Labour Act, 2003 (Act 651) applies to CEPS and its workers, as CEPS is not expressly excluded as a security or intelligence agency under Act 526. The constitutional right to unionise (Article 24(3)) applies to CEPS, subject to restrictions prescribed by law for national security or public...

Source-derived case information.

Citation
[2009] GHASC 8
Parties
Plaintiff: Customs Excise & Preventive Service; Defendant: National Labour Commission; Defendant: Attorney-General (joined for opinion); Interested Party: Public Services Workers’ Union of GTUC
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
4 February 2009
Procedural Posture
Constitutional Petition / Judgment
Outcome
Plaintiff's action dismissed (majority); one dissenting judgment for plaintiff.
Legal Topics
Right to Unionise, Interpretation of Statutes, National Security, Jurisdiction of Supreme Court, Collective Bargaining
Source Language
english
Constitutional Law Labour Law Administrative Law Right to Unionise Interpretation of Statutes National Security Jurisdiction of Supreme Court Collective Bargaining

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Summary, issues, holding and outcome

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Parties

Customs Excise & Preventive Service

Plaintiff

National Labour Commission

Defendant

Attorney-General (joined for opinion)

Defendant

Public Services Workers’ Union of GTUC

Interested Party

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the Labour Act, 2003 (Act 651) applies to Customs, Excise & Preventive Service (CEPS) and its workers.
  2. 2 Whether CEPS is a security or intelligence agency excluded from the Labour Act under section 1 and the Security and Intelligence Agencies Act, 1996 (Act 526).
  3. 3 Whether the application of the Labour Act to CEPS is inconsistent with Article 24(4) of the Constitution.

Ratio Decidendi

The majority held that the Labour Act, 2003 (Act 651) applies to CEPS and its workers, as CEPS is not expressly excluded as a security or intelligence agency under Act 526. The constitutional right to unionise (Article 24(3)) applies to CEPS, subject to restrictions prescribed by law for national security or public order, which are already adequately provided for in existing statutes. There is no compelling necessity to exclude CEPS from unionising, and such exclusion would be unconstitutional. The plaintiff's action is dismissed.

Court Disposition

Plaintiff's action dismissed (majority); one dissenting judgment for plaintiff.

Orders

  • Labour Act, 2003 (Act 651) applies to CEPS and its workers.
  • CEPS workers have the right to unionise, subject to restrictions prescribed by law for national security or public order.