2023 Developments in Employment Law

2023 saw the  courts of Ghana decide a number of interesting decisions in employment law. These decisions not only provided clarity on existing legal principles but also introduced novel approaches to dealing with employment law questions that have far-reaching implications for both employers and employees. This update explores some of these decisions handed down by the Ghanaian Courts during the period under review. Below is a brief summary of each of the topics discussed in this article.

1. Ascertaining the existence of an employment relationship: Frederick Abban & 9 Ors v Takoradi Flour Mills Co. Ltd (Civil Appeal No. J4/75/2021) [17 May 2023]

Here we explore the factors that a court will look at in determining whether a person is in fact an employee of a particular employer. What elements make a person an independent contractor or an employee? Read more

2. Employer’s Right to Terminate on Notice: National Labour Commission v Barclays Bank of Ghana Ltd [2023] DLSC 16995]

This part explores the concepts of notice and unfair termination. Can an employer terminate the employment relationship without providing any reasons? Would this be considered unfair? Read more

3. Burden of linking workers poor state of health to workplace conditions: James Ackon v Abosso Goldfields Ltd [2023] DLSC 15107

In this part, the notice considers the causal link between an employees deteriorating health and the work they do. How much proof is sufficient to prove an employer’s liability? Who has the burden of proving the injury or lack of it? Read more

4. Standard of Proof in Disciplinary Proceedings: Charles Kwadwo Gyasi v. Mining Building Contractors Limited [2023] DLSC 16106

Are disciplinary proceedings civil proceedings or criminal proceedings? What does the person alleging misconduct need to prove? How much evidence must the accused party adduce to prove their innocence? Find out

5. Contractual reliance: Isaac Alormenu v. Ghana Cocoa Board [2023] DLSC15000

Here, the note examines the extent to which an employee can rely on the employment contract. Does the employment contract always need to be in writing? can an employee rely on an unwritten or oral contract? Is their say so enough? What about provisions that were orally agreed to but not contained in the written agreement? Read more

6. Appealing Against Decisions of the National Labour Commission: Union Of Industry, Commerce and Finance vs. Harlequin International (Ghana) Limited [2023] DLHC16847

It is a notorious fact that the National Labour Commission has a dispute resolution wing that settles disputes between the Commission and those it interacts with, as well as disputes between employees and employers. Are these decisions final or can they be appealed? And on what grounds will an appeal be allowed or disallowed. These questions came up for discussion in the above case. Find out more

7. Voluntary Arbitral Awards Not Decisions of National Labour Commission and Therefore Not Appealable: GCB Bank Limited vs. Jarvis Asiedu & 2 Ors [2023] DLCA 16832]

In this final part, the note explores the various jurisdictions that the National Labour Commission has and how invoking a particular jurisdiction of the Commission could affect a party’s right to appeal. The discussion here is quite nuanced and will require a closer read. Click here for more

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Author: Samuel Alesu-Dordzi

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