National Labour Commision Vrs First Atlantic Bank [2020] GHASC 69 (2 December 2020)

National Labour Commision Vrs First Atlantic Bank [2020] GHASC 69 (2 December 2020)

Redundancy pay under section 65 of the Labour Act applies to employees terminated due to major changes in production, programme, organization, structure, or technology, not only to those affected by close down, arrangement, or amalgamation. The National Labour Commission had proper jurisdiction to determine redundancy pay, and the Court of Appeal's judgment was supported by the evidence.

Citation
National Labour Commision Vrs First Atlantic Bank [2020] GHASC 69 (2 December 2020)
Parties
Applicant/appellant/respondent: National Labour Commission; Respondent/respondent/appellant: First Atlantic Bank Limited
Court
ghasc
Jurisdiction
Ghana
Judgment Date
2 December 2020
Procedural Posture
Civil Appeal / Final Judgment of Supreme Court
Outcome
appeal dismissed; Court of Appeal judgment affirmed
Legal Topics
Redundancy, Redundancy Pay, Statutory Jurisdiction, Appeals Procedure, Statutory Interpretation
Source Language
eng
Labour Law Employment Law Statutory Interpretation Redundancy Redundancy Pay Statutory Jurisdiction Appeals Procedure

Case Brief

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Parties

National Labour Commission

Applicant/appellant/respondent

First Atlantic Bank Limited

Respondent/respondent/appellant

Procedural Posture

Civil Appeal / Final Judgment of Supreme Court

Legal Issues

  1. 1 Whether redundancy pay under section 65(2)(b) of the Labour Act applies to employees terminated under circumstances not involving close down, arrangement, or amalgamation
  2. 2 Whether the National Labour Commission properly exercised jurisdiction under section 65(5) of the Labour Act
  3. 3 Whether the judgment of the Court of Appeal was against the weight of evidence

Ratio Decidendi

Redundancy pay under section 65 of the Labour Act applies to employees terminated due to major changes in production, programme, organization, structure, or technology, not only to those affected by close down, arrangement, or amalgamation. The National Labour Commission had proper jurisdiction to determine redundancy pay, and the Court of Appeal's judgment was supported by the evidence.

Court Disposition

appeal dismissed; Court of Appeal judgment affirmed

Orders

  • Respondent to pay all monthly net salaries of the two workers from 1st September, 2015 to date of this decision and their SSNIT contributions
  • Respondent to pay GH¢ 2,000 as golden handshake, GH¢ 3,000 as repatriation, GH¢ 5,000 as bonus to each worker