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NATIONAL LABOUR COMMISSION V. NESTLE GHANA LTD.

(2013) JELR 65365 (CA)

Court of Appeal  •  SUIT NO.: H1/42/2013  •  30 May 2013  •  Ghana

Coram
OWUSU M. J.A. (PRESIDING), ACQUAYE J.A., WELBOURNE J.A.

Appearances
MISS MARTHA APPIAH FOR RESPT/ RESPT/APPELLANT,MR. DICK ANYADI FOR APPLT/RESPT/RESPONDENT

Judgement

MARIAMA OWUSU, J.A.

On 27-1-2011, the High Court [INDUSTRIAL/LABOUR DIVISION], ACCRA, ordered Nestle Ghana Limited, the respondent/appellant to pay to each of the Petitioners forthwith 12 month salary for unfair termination of their employment. The respondent/appellant was further ordered to pay the Petitioners interest on the various amounts due at the current bank rate from 17-12-2008 until the date of final payment. Cost of GH¢2,000.00 was awarded in favour of the applicant.

Dissatisfied with the decision of the High Court, the respondent appealed to this Court on the following Grounds;

1. The trial judge erred in holding that the decision of the National Labour Commission was enforceable against the respondent.

2. The Trial court erred in holding that the Labour Commission had power under the Labour Act to hand down a “decision” which is enforceable in law.

3. Other grounds of appeal to be filed upon receipt of the record of proceedings.

The relief sought from the Court of Appeal:

The de…

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