[2023]DLSC15160 • May 18, 2023 • Supreme Court •
MANFORD GYANSA-LUTTERODT vs. AFAM CONCEPT
The appellant, Manford Gyansa-Lutterodt, was terminated from employment by the respondent, Afam Concept, in March 2016. He petitioned the National Labour Commission (NLC) alleging unfair termination. The NLC found the termination unfair due to non-compliance with natural justice and ordered compensation. The appellant received the NLC decision after the 14-day appeal period had elapsed and subsequently applied to the Court of Appeal for an extension of time to appeal, which was refused on the basis that the Court of Appeal lacked jurisdiction to grant such extension under the Labour Act.
read moreACKAH-YENSU (MS.) JSC:- INTRODUCTION This Ruling is predicated on an appeal filed by the Complainant/Applicant/Appellant (hereinafter referred to simply as the “Appellant”) to this Court regarding a refusal by the Court of Appeal to grant an application for extension of time to file an appeal against the decision of the National Labour Council (NLC). The Respondent/Respondent/Respondent has raised a Preliminary Objection on the ground that since the cause or matter commenced at the NLC, the Appellant ought to have sought the leave of the Court of Appeal or the Special Leave of the Supreme Court in accordance with the provisions of Article 131(1) and 2 of the 1992 Constitution, and section 4(1)(2) of the Court Act 1993 (Act 459). BACKGROUND FACTS The Appellant had his employment with the Respondent terminated in March 2016. Aggrieved with the termination of his appointment, Appellant petitioned the NLC on a complaint of Unfair Termination. Upon consideration of the facts,...