[2023]DLNLC17177November 15, 2023National Labor Commission

JAMES OBIRI-YEBOAH vs. GOLDFIELDS GHANA LIMITED

RULING PRELIMINARY LEGAL OBJECTION INTRODUCTION ANO BACKGROUND 1. The complainant lodged a complaint with the National Labour Commission (NLC) on December 2, 2022 demanding compensation for unfair termination of his employment by Respondent . 2. The Respondent has raised a preliminary legal objection against the matter being lodged with the NLC. Respondent’s Grounds for the Preliminary Objection: 3. The Respondent submits that the commission must dismiss the complainant’s action based on three(3) grounds namely; (a) That the commission’s jurisdiction to adjudicate the complaint has been ousted by cause of action estoppel (b) That the complainant has been estopped by choice from pursuing his complaint before the NLC (c) That the Petitioner has no cause of action in demand for relief of unfair termination. 4. The Respondent argues in support of his grounds for the preliminary legal objection essentially as follows: (a) That the NLC’S jurisdiction to determ...