GENERAL TRANSPORT, PETROLEUM AND CHEMICAL WORKERS' UNION (GTPCWU) vs. PERGAH TRANSPORT LIMITED

RULING Brief facts of the case On 19th July, 2019, the National Secretariat of General Transport, Petroleum and Chemical Workers Union (GTPCWU), Complainants, filed a complaint of a "unfair termination" against Pergah Transport Limited, Respondent. The Commission referred the complaint to the Respondent for its response per letter dated 10th February, 2020 with a final reminder dated 10th March, 2020. Per letter dated 4th March, 2021, the Respondent responded to the complaint listing series of events/happenings in the matter and concluded that "The termination was in accordance with due process." The matter was heard at facilitation but facilitation failed. The Commission heard the matter pursuant to Regulation 33(1) of L.I. 1822, National Labour Commissions Regulations, 2006. Both parties honored all the five hearings in the matter. The final hearing in the matter was on 6th October, 2021. Complainants' case It is the case of the Complainant Union that: ...