[2019]DLSC6496 • June 19, 2019 • Supreme Court •
JAMES DAVID BROWN vs. THE NATIONAL LABOUR COMMISSION AND AHANTAMAN RURAL BANK LTD
The appellant, a chief clerk at Ahantaman Rural Bank Ltd, abandoned a staff bus without permission during a training trip. Following a disciplinary enquiry, his employment was terminated for gross misconduct with one month's salary in lieu of notice. Dissatisfied, he petitioned the National Labour Commission (NLC) claiming unfair termination. The NLC found in his favor, awarding three months' salary as compensation. The appellant appealed to the Court of Appeal, which dismissed the appeal on jurisdictional and procedural grounds. He then appealed to the Supreme Court.
read moreAMEGATCHER, JSC:- It is not usual for labour petitions determined by the National Labour Commission (hereafter referred to as NLC) in favour of a petitioner to end up at the instance of the victorious party, first on appeal to the Court of Appeal and then to the apex court of the land. The sudden awakening and consciousness of Ghanaians in the fight for their rights appears to have propelled the Appellant, who is a junior officer in one of the rural banks in the Western Region of the country, in spite of all odds, to challenge the decision of his management, the National Labour Commission and the Court of Appeal all the way to the apex court of the land. What makes the appellant’s steps even more intriguing is the fact that he acted throughout the various stages of this fight in the Court of Appeal and now the Supreme Court as a litigant in person. We commend the appellant for his bravery and perseverance but also wish to caution that in highly technical matters that require expert .....