Introduction In Samuel M. K. Adrah vs. Electricity Company of Ghana, Ghana’s Court of Appeal laid down the position of the law regarding commuting accrued leave of an employee to cash. It held that by section 31 of the Labour Act 2003 (Act 657), payment of cash in place of leave is void, unless saved...
1. Introduction Overtime is defined as “time worked in addition to one’s normal working hours.[i]” The International Labour Organisation (the “ILO”), whose mandate is to promote rights at work, enhance social protection, and strengthen dialogue on work-related issues; by setting international labour standards, developing policies and devising programmes to promote decent work; has set out some...
The first part of this piece discussed in general terms the differences between termination and dismissals under the Ghanaian law. The piece went on to look at the differences between a dismissal (simpliciter) and summary dismissal. The author also considered the differences between unlawful dismissal and wrongful dismissal. The second part of this article examines...
In virtually every employment case law, you are likely to find the following words and phrases in use: dismissal, summary dismissal, wrongful dismissal, wrongful termination, and unlawful termination. You will find litigants arguing in one form or the other that they have been dismissed, summarily dismissed, wrongfully dismissed, wrongfully terminated, or unlawfully terminated. This often...
The Supreme Court in the case of Republic v Bank of Ghana & 5 Ors; Ex Parte Benjamin Duffour[1]has held that an injunction order prohibiting an employer from holding disciplinary hearings against an employee in a specific matter does not bar the employer from initiating separate disciplinary proceedings against the same employee in respect of...
Take a newspaper. Flip through the pages randomly. You may well see an employer-sponsored notice in there together with a photograph informing the public that the subject of the notice is no longer an employee. The notice will often go on to tell the world the ex-employee no longer represents the company and as a...
The Supreme Court in the case of Benjamin Aryee & 691 Others v The Cocoa Marketing Board[1] held that a worker initially employed as a casual worker but whose services are used continuously by the employer for a period exceeding 6 months will be deemed as a permanent worker and will be entitled to all the...
Social Media has come to stay. But will your job stay? Social media has changed the way we relate to the world around us. It has changed the way we communicate with ourselves. And so has it affected the relationship between an employer and employee. We are all busy out there “liking”, commenting, disagreeing, debating,...
On 26 July 2017, the Supreme Court ruled that the High Court has concurrent jurisdiction with the Labour Commission in hearing cases of unfair termination of employment[1]. This also means that the High Court, just as the Labour Commission, is able to order the reinstatement of an employee (a remedy which previously was said to...