NATIONAL LABOUR COMMISSION (APPLICANT/APPELLANT) vs. BARCLAYS BANK GHANA LTD (DEFENDANT/ RESPONDENT)

A former employee of Barclays Bank Ghana Ltd, who had served as Head of Human Resource and was a member of the bank’s senior management category, initiated negotiations with the bank for a mutual separation package. She contended that the bank had an established practice of granting negotiated exit packages to Country Management Committee members and similarly placed senior staff, except in disciplinary cases. Before the negotiations were concluded, the bank unilaterally terminated her employment. She petitioned the National Labour Commission, alleging that the bank’s conduct was unfair and discriminatory because it departed from the established separation practice previously applied to other senior employees. The Commission upheld her complaint and made an award, but the bank refused compliance, leading the Commission to seek enforcement in the High Court under section 172 of the Labour Act, 2003 (Act 651). Portion of judgment: “The Petitioner petitioned the Appellant on the ground that whilst negotiations were ongoing between the parties regarding the terms for mutual separation... the Respondent abandoned the negotiation process by terminating Petitioner’s employment... The Petitioner therefore considered the unilateral termination as unfair and discriminatory.”