NANA KWASI AGYAPONG vs. GHANA CO-OPERATIVE CREDIT UNION (CUA) LTD.

The defendant/applicant requests this Court for an order setting aside the plaintiff’s writ on the ground that the reliefs of unfair termination being sought by the plaintiff are matters outside the jurisdiction of this Court and therefore the Court cannot make a pronouncement in respect of same in so far as there are procedures spelt out under relevant statute for their determination and which the plaintiff in the instant case has not complied with. According to the defendant/applicant, the Labour Act of Ghana 2003, Act 651 stipulates in Section 64 that any complaint against unlawful/unfair termination of employment must first be made to the National Labour Commission and not to a Court of law. That the power to investigate unfair termination by an employer is vested solely and exclusively in the National Labour Commission and therefore any Court that purports to exercise such a power will be acting without jurisdiction and all its decisions will be a nullity. The plaintiff/respon.....