Circuit courts lack jurisdiction to entertain labour-related issues- Court of Appeal
Circuit courts, according to the ruling, are inferior courts, exercise limited jurisdiction and have no supervisory jurisdiction to oversee the activities of the Labour Commission.
The Court of Appeal has ruled that the Circuit Court lacks jurisdiction to deal with unfair termination of employment and labour-related matters generally.
Circuit courts, according to the ruling, are inferior courts, exercise limited jurisdiction and have no supervisory jurisdiction to oversee the activities of the Labour Commission.
The three-member panel presided over by Bright Mensah JA also held in its ruling on the question of law forwarded to it that, the Labour Act (Act 651) did not expressly mention the Circuit Court as one of the courts to deal with such matters.
Per the facts of the case, which was commenced at the Circuit Court, the plaintiff, Alex Sakyi who was working with Prime Infrastructure and Engineering Services, had his employment terminated by the company after an accident and subsequent compensation.
He thus instituted this action for unfair termination, and damages and sought that his unpaid SSNIT entitlements be paid.
One preliminary issue that, however, arose was whether the Circuit Court had jurisdiction to handle such a matter.
Thus, the trial judge had to refer the matter to the Court of Appeal for it to be resolved.
In its ruling, the panel also noted that labour matters are reserved for the National Labour Commission, subsequent to which the High Court would have supervisory jurisdiction.
The court thus ordered the dismissal of the suit at the Circuit court for lack of jurisdiction.
