JAMES DAVID BROWN vs. THE NATIONAL LABOUR COMMISSION AND AHANTAMAN RURAL BANK LTD [2019]DLSC6496

JAMES DAVID BROWN vs. THE NATIONAL LABOUR COMMISSION AND AHANTAMAN RURAL BANK L... [2019]DLSC6496

Date	2019-06-19
Suit No.	CIVIL APPEALNO. J4/74/2018
Citation No.	[2019]DLSC6496

DOTSE JSC (PRESIDING)

BENIN JSC

PWAMANG JSC

DORDZIE (MRS.) JSC

AMEGATCHER JSC

PETITIONER/APPELLANT/APPELLANT IN PERSON

DAVID OWUSU TACHIE FOR THE 2ND RESPONDENT/RESPONDENT/RESPONDENT

[2019]DLSC6496
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													<main id="main" class="content" style="min-height: 60rem" >JAMES DAVID BROWN<o:p></o:p>(PETITIONER/APPELLANT/APPELLANT)<o:p></o:p>vs.<o:p></o:p>THE NATIONAL LABOUR COMMISSION (1ST RESPONDENT/RESPONDENT/RESPONDENT)
AND AHANTAMAN RURAL BANK LTD. (2ND RESPONDENT/RESPONDENT/RESPONDENT)<o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">CIVIL APPEALNO. J4/74/2018&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 19TH JUNE, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>PETITIONER/APPELLANT/APPELLANT
IN PERSON.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DAVID
OWUSU TACHIE FOR THE 2ND RESPONDENT/RESPONDENT/RESPONDENT<o:p></o:p>

</div>CORAM:
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>DOTSE JSC (PRESIDING), BENIN JSC, PWAMANG JSC,
DORDZIE (MRS.) JSC, AMEGATCHER JSC<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>AMEGATCHER,
JSC:-<o:p></o:p>It is not usual for labour petitions determined by
the National Labour Commission (hereafter referred to as NLC) in favour of a petitioner
to end up at the instance of the victorious party, first on appeal to the Court
of Appeal and then to the apex court of the land. The sudden awakening and
consciousness of Ghanaians in the fight for their rights appears to have
propelled the Appellant, who is a junior officer in one of the rural banks in
the Western Region of the country, in spite of all odds, to challenge the
decision of his management, the National Labour Commission and the Court of
Appeal all the way to the apex court of the land. What makes the appellant’s
steps even more intriguing is the fact that he acted throughout the various
stages of this fight in the Court of Appeal and now the Supreme Court as a litigant
in person. We commend the appellant for his bravery and perseverance but also
wish to caution that in highly technical matters that require expert advice, a
balance of self-help with professional advice is necessary to avoid a gamble,
sometimes with its attendant repercussions.<o:p></o:p>THE
FACTS<o:p></o:p>The appellant, until 29th June 2016,
was a chief clerk in the Audit and Compliance department of Ahantaman Rural
Bank Ltd (hereafter referred to as the Respondent). On 16th June
2016, the appellant abandoned midway and without permission, a bus carrying the
bank’s staff to Achiase for a boot camp/bonding training. The bank held a disciplinary
enquiry to investigate his conduct. The result of the enquiry was the
termination of his appointment for gross misconduct. He was paid one (1)-month’s
salary in lieu of notice in accordance with the respondent’s Collective
Bargaining Agreement. <o:p></o:p>Dissatisfied with the decision of the management
of the bank terminating his appointment, the appellant on 1st July
2016 petitioned the NLC for redress. The Commission has for some whimsical
reasons been added as a party in the appeal to the Court of Appeal and then to
this Court and described as 1st respondent. We shall address the propriety
of adding the NLC as a party in due course.<o:p></o:p>After hearings spanning between 16th
August 2017 and 20th September 2017, the NLC found that the respondent
had unfairly terminated the appointment of the appellant in breach of sections
62 and 63 of the Labour Act, 2003 (Act 651). The NLC awarded the appellant
compensation of three (3)-months’ salary devoid of tax. The appellant was
dissatisfied with the compensation awarded by the NLC and filed an appeal to
the Court of Appeal. The actual date for filing the appeal is not evident from
the Record. The filing date is illegible on the Notice of Appeal. However, page
two of the Notice of Appeal gave the only hint of the filing of the Notice. The
hint is that the Notice was prepared on 9th October 2017 indicating
the appeal could only have been filed after 9th October 2017. The appellant,
in his Statement of Case to this Court, did not dispute this date after the
Court of Appeal relied on the same date to calculate when the appeal was filed.
<o:p></o:p>PROCEEDINGS
AT THE COURT OF APPEAL<o:p></o:p>The appellant argued two grounds of appeal in the
Court of Appeal, i.e., that the NLC erred in law when it held that the bank had
already paid all his entitlements and, secondly, that the decision was against
the weight of evidence. The Court of Appeal delivered its judgment on 1st
March 2018. It dismissed the appellant’s appeal not on the merits of the
grounds of appeal filed before it but on two technical grounds. The Court of Appeal,
at pages 178-179 of the Record found in the first place as follows:<o:p></o:p>“We
hav</main>