By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Skyy Power FMSkyy Power FMSkyy Power FM
  • Home
  • News
  • Business
  • Entertainment
  • Sports
  • Lifestyle
  • Live Radio
Search
© 2023 | Skyy Power FM
Aa
Skyy Power FMSkyy Power FM
Aa
Search
  • Home
  • News
  • Business
  • Entertainment
  • Sports
  • Lifestyle
  • Live Radio
Follow US
© 2023 | Skyy Power FM
Skyy Power FM > News > GCNET appeals against Labour Court ruling on redundancy pay Accra
News

GCNET appeals against Labour Court ruling on redundancy pay Accra

Last updated: 2021/02/26 at 12:46 PM
Alex Tagoe
Share
4 Min Read
SHARE

The management of Ghana Community Network Services Limited (GCNet) has filed an application for an appeal against the recent Labour Court ruling that directed the company to pay redundancy compensation based on provisions in its Human Resource Policy Manual.
The Accra High Court (Labour Division) on February 1, 2021, upheld an arbitral award by the National Labour Commission, which the management was challenging to ensure that the redundancy compensation was properly negotiated and paid in accordance with the provisions of the Labour Act.
The management believe the Labour Court inappropriately determined the matter that was at the core of the disagreement between the management and laid off workers over arrangements for the payment of their redundancy compensation.
The application for review, filed at the Court of Appeal on Wednesday by Counsel for management, Mr Bede Tukuu, is seeking the reversal of the ruling on seven grounds.
Stipulating the grounds for appeal, the application averred that the labour court erred in law in holding that a worker’s association (GCNet Staff Welfare Association) was different from trade union under the law, indicating that the holding the court was contrary to the legal definition of a trade union under section 175 of the Labour Act 2003 (Act 651).
Also, it averred that the court erred in law in holding that the GCNet Staff Welfare Association had the capacity to represent the workers and to collectively bargain and negotiate with management on behalf of the workers although the association was not a registered and certified union.
“This holding by the court is contrary to provisions of sections 83, 84,88,96 and 99 of the Labour Act 2003 (651) which preserves the right to collective bargaining to only workers” unions or associations registered and certified under the Act,” the application stated.
Similarly, it stated that the court wrongly held that the Appellant failed to promptly object to the capacity of the GCNet Staff Welfare Association at the arbitration proceedings at the Labour Commission, describing the court’s position as “against the weight of evidence.”
Furthermore, it indicated that the court “misdirected itself in law by failing to apply the authority of Nartey-Tokoli and others versus Volta Aluminium Corporation (No. 2) (1989-90)2 GLR page 341 to declare the GCNet staff welfare manual, invalid.”
“The Supreme Court in Nartey-Tokoli (supra) decided among other things that a condition of service document or collective agreement negotiated by an uncertified union or association of workers was null and void,” it stated.
According to counsel, the Court’s ruling largely flies in the face of the Labour Act, expressing fear that it would create anarchy in the labour industry regarding the formation of trade unions if it was allowed to stand.

Meanwhile, the management has reiterated its commitment and readiness to pay the redundancy compensation once the legal processes are completed.
“Our aim is not to deny any worker compensation, but to ensure that we conduct the full redundancy exercise in accordance with the law to avoid any difficulty in government refunding the money,” said Mr Alwin Hoegerle, General Manager of GCNET.
The redundancy exercise was triggered by the government’s abrogation of its trade facilitation service contract with GCNet, effective May 31, 2020.

SOURCE:GNA

TAGGED: GCNET, Labour Court

Sign Up For Daily Newsletter

Be keep up! Get the latest breaking news delivered straight to your inbox.
[mc4wp_form]
By signing up, you agree to our Terms of Use and acknowledge the data practices in our Privacy Policy. You may unsubscribe at any time.
Alex Tagoe 26th February 2021 26th February 2021
Share This Article
Facebook Twitter Copy Link Print
By Alex Tagoe
Follow:
Alex Tagoe is communication specialist and a Human Rights Activist. Also a writer and an editor for Skyy Power FM. Contact: alextagoe10@gmail.com
Previous Article Odeefuo Boa Ampomsem III Royal burial postponed
Next Article “All sporting disciplines will be given equal attention” – Mr. Ussif
Leave a comment Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Latest News

Sekondi-Takoradi demo scheduled for October 27
News 27th September 2023
Residents in Sekondi-Takoradi react to Alan’s decision
News 27th September 2023
Shama residents express mixed reactions over Alan’s decision
News 27th September 2023
Illegal mining pit kills 7, injures 2 after caving in
News 26th September 2023
STMA launches digital platform to mobilise revenue
News 26th September 2023
Ghacem launches new product, Superplast Masonry Cement
Business 26th September 2023
Alan Kyeremanten leads new Movement For Change in Ghana
News 26th September 2023
Alan Kyeremanten resigns from NPP, goes independent
News 25th September 2023
Assorko community commissions new school block
News 24th September 2023
“Show Down!”: Queen Mother sends strong warning to politicians over Shama explosion
News 23rd September 2023
Skyy House
19/20 West Fijai - Takoradi
P.O Box MC 1231 - Takoradi
Digital Address - WS 194 - 6710
024 646 6484
055 000 3666/777
skyypowernews@gmail.com
  • Home
  • News
  • Business
  • Entertainment
  • Sports
  • Lifestyle
  • Live Radio
Follow US
© 2023 | Skyy Power FM
Welcome Back!

Sign in to your account

Lost your password?