Labour Comission Vrs Crocodile Matchet [2011] GHASC 39 (22 June 2011)

Labour Comission Vrs Crocodile Matchet [2011] GHASC 39 (22 June 2011)

The delegation of the Labour Commission's quasi-judicial functions to a two-person committee was contrary to the statutory requirements of the Labour Act, 2003 (Act 651), which mandates a minimum quorum and balanced representation. The orders made by the two-person committee were therefore invalid, and the appeal is dismissed.

Citation
[2011] GHASC 39
Parties
Appellant: Labour Commission; Respondent: Crocodile Matchets Ghana Ltd.
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
22 June 2011
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Delegation of Statutory Powers, Quorum Requirements, Judicial and Quasi Judicial Functions, Industrial Disputes
Source Language
English
Labour Law Administrative Law Delegation of Statutory Powers Quorum Requirements Judicial and Quasi Judicial Functions Industrial Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Labour Commission

Appellant

Crocodile Matchets Ghana Ltd.

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the Labour Commission could delegate its quasi-judicial functions to a two-person committee
  2. 2 Whether the two-person committee had the requisite quorum under the Labour Act, 2003 (Act 651)
  3. 3 Whether the orders made by the two-person committee were valid and enforceable

Ratio Decidendi

The delegation of the Labour Commission's quasi-judicial functions to a two-person committee was contrary to the statutory requirements of the Labour Act, 2003 (Act 651), which mandates a minimum quorum and balanced representation. The orders made by the two-person committee were therefore invalid, and the appeal is dismissed.

Court Disposition

appeal dismissed