[2024]DLSC17471 • March 20, 2024 • Supreme Court •
MANFORD GYANSA-LUTTERODT vs. AFAM CONCEPT
The appellant, a former employee of the respondent, Afam Concept, lodged a petition before the National Labour Commission alleging unfair termination and seeking reliefs. The National Labour Commission delivered its decision on 17 November 2020. The appellant contended that the decision was only made available to him on 15 December 2020, after the expiry of the 14-day period for appealing. He therefore applied to the Court of Appeal on 24 December 2020 for extension of time within which to appeal against the Commission’s decision. The Court of Appeal refused the application on 10 February 2021 on the basis that it lacked jurisdiction to extend time for appeals from the National Labour Commission. The appellant then appealed to the Supreme Court against that refusal. Portion of judgment: “The Appellant herein lodged a Petition against the Respondents, his former employers at the National Labour Commission over an allegation of unfair termination... The National Labour Commission delivered its decision... on the 17th of November 2020... the aggrieved Appellant filed an application dated the 24th of December 2020, seeking the leave of the Court of Appeal for an extension of time within which to appeal...”
read moreJUDGMENT DARKO ASARE JSC: This appeal raises a point of practice and procedure of some critical importance and we therefore think it necessary to set out the full history of the proceedings that have culminated in this appeal. The Appellant herein lodged a Petition against the Respondents, his former employers at the National Labour Commission over an allegation of unfair termination and sought a number of reliefs. The National Labour Commission delivered its decision in respect of the said Petition on the 17th of November 2020. Contending that the said decision was only made available to him on the 15th of December 2020, after the expiration of the fourteen day period allowed for lodging appeals against such decisions, the aggrieved Appellant filed an application dated the 24th of December 2020, seeking the leave of the Court of Appeal for an extension of time within which to appeal against the said decision. On the 10th day of February 2021, the Court of Appeal delivered i...