- 20 Marks
BCL – L1 – Q107 – Human Rights
Question
(a). With reference to the Constitution of the Republic of Ghana, 1992, can Kwame Asante bring any action against your company?
(b). On the day of his appointment, one of the persons with a disability who had applied for the position asked for the duties of the employer towards the disabled worker under the Labour Act, 2003 (Act 651).
(c). Management has also asked you to describe what benefits they can get out of employing persons with disability under the Labour Act, 2003 (Act 651).
Answer
(a). Article 17 (2) & (3) of the Constitution of the Republic of Ghana 1992 provides that: A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status. Discrimination means giving different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion, or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
Yes, Kwame Asante can bring a legal action against the company on the grounds that the company has violated Article 17 (2) of the 1992 Constitution of Ghana, which prevents employers from being discriminated on the grounds of gender, race, colour etc.
(b). According to Article 9 of the 1992 Constitution, employers shall provide work together with appropriate raw materials or machinery, pay workers the agreed amount on time, and ensure the safety of employees, train workers among others.
(c). According to Section 46 of Labour Act, 2003, (Act 651) management (employer) shall be provided with special incentives determined by the Minister of Labour and Employment.
- Topic: Employment Law
- Uploader: Samuel Duah