[2023]DLSC16995 • November 15, 2023 • Supreme Court •
NATIONAL LABOUR COMMISSION vs. BARCLAYS BANK GHANA LTD.
The National Labour Commission filed a motion to enforce its decision against Barclays Bank Ghana Ltd following an alleged unfair termination of Mrs. Laureen Lokko, former Head of Human Resources at the Bank. The Complainant had engaged in negotiations for mutual separation with the Bank, which failed after several offers and counteroffers. Subsequently, the Bank terminated her employment with one month's salary in lieu of notice. The Commission ruled the termination unfair and ordered compensation and benefits. The Bank refused to comply, leading to enforcement proceedings.
read moreJUDGMENT MAJORITY DECISION KULENDI JSC; INTRODUCTION: 1. This is an appeal against the judgement of the Court of Appeal dated 21st November, 2019 by which the learned justices of the Court of Appeal set aside a ruling of the High Court dismissing an application by the National Labour Commission (hereinafter referred to as “the Commission”) to enforce its labour decision against Barclays Bank Ghana Limited (hereinafter called the “the Bank”). BACKGROUND: 2. The action was commenced under the Labour Act of 2003 (Act 651), when the National Labour Commission filed a motion for an order to compel Barclays Bank Ltd. to comply with its orders made on 20th August, 2013. The action was founded on section 19 of the Labour Act of 2003, (Act 651). 3. This suit entails two appeals, both against the judgement of the Court of Appeal dated 21st November, 2019 by which the learned Justices of the Court of Appeal set aside a ruling of the High Court which dismissed an application b...