[2023]DLCA15152 • February 8, 2023 • Court of Appeal
RELIANCE PERSONNEL vs. NATIONAL LABOUR COMMISSION
The appellant, Reliance Personnel, employed the complainant, Daniel Osei, on a fixed one-year contract from June 1, 2017, to May 31, 2018, as a Field Maintenance Engineer. The appellant terminated the contract effective December 31, 2017, giving two weeks' notice as per clause 11 of the contract. The complainant filed a complaint with the National Labour Commission claiming unfair termination and compensation. The Commission ruled in favor of the complainant, ordering payment for the unexpired contract period minus the two weeks' notice already paid. The appellant appealed the Commission's decision and opposed enforcement at the High Court, which ordered enforcement of the Commission's ruling. The appellant then appealed to the Court of Appeal.
read moreM. WOOD (MRS), JA The Respondent/Appellant (hereinafter referred to as the Appellant) is appealing against the ruling of the High Court, Labour Division, Accra delivered on 14th May 2021 in which the said High Court ordered the enforcement of a decision of the Applicant/Respondent (hereinafter referred to as the Respondent) dated 11th February 2020. The antecedents of the case are that the Appellant offered a fixed one year term contract of employment to complainant Daniel Osei as a Field Maintenance Engineer, from 1st June 2017 to 31st May 2018. However, the Appellant by a letter dated 12th December, 2017 terminated the Complainant’s contract effective 31st December 2017 in accordance with paragraph 11 of the complainant’s contract of employment. The said contract provided that either party to the contract could terminate the contract by the giving of two weeks’ notice or payment of two weeks salary in lieu. The complainant on 23rd May 2018 filed a complaint to the Respond...