Labour Act – Knowsia

BCL – L1 – Q107 – Human Rights

Can Kwame Asante sue for discrimination after being denied a job reserved for disabled persons?

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

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Tags: Corporate Social Responsibility, Disabled Workers, Employer Benefits, Employment Law, Labour Act
Level: Level 1

Topic: Employment Law

BCL – L1 – Q106 – Employment Law

Identify facilities for workplace health and safety, describe employer/worker responsibilities, and outline sanctions per Labour Act 2003.

Question

Article 24 (1) of the Constitution of the Republic of Ghana, 1992 provides as follows: “Every person has the right to work under satisfactory, safe and healthy conditions…” With reference to the Labour Act 2003, (Act 651)

Required:

Identify five (5) facilities that can ensure health and safety conditions and describe the responsibilities of both the employer and the worker and applicable sanctions for any breaches.

Answer

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Tags: Employer Responsibilities, Ghana Constitution, Health and Safety, Labour Act, Sanctions, Worker Duties, Workplace Safety
Level: Level 1

Topic: Employment Law

BCL – L1 – Q105 – Employment law

Advise management on resolving a dispute over reintroducing trade unions at Kolan Company Limited after a three-year cessation.

Question

Kolan Company Limited has been operating in Nigeria in the oil and gas sector for over ten (10) years. It had been operating in a unionized environment since its inception. However, as a result of operational challenges, the company shut down its operations briefly but has resumed operations.

Upon resumption of operations, management has reckoned that there must be a cessation of union activities in the company. Employees agreed to management’s decision to operate without a Union.

This has gone on for three (3) years. However, junior employees have begun to agitate for the re-introduction of the union in the organization. Top management is however not in agreement.

Required

Advise your management on how to resolve this impasse.

Answer

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Tags: Corporate Governance, Employment Law, Labour Act, Trade unions, Unfair labour practice, Workers' rights
Level: Level 1

Topic: Employment Law

BCL – L1 – Q48 – Employment Law

Can probationary and casual workers at Apex Preparatory Academy succeed in a legal action for unfair termination compensation?

Question

Zuri Osei and Ofori Nartey were employed by Apex Preparatory Academy to teach Mathematics and Social Science, respectively. By the terms of their employment, the two were to be on probation for eight (8) months before they could be fully appointed. Similarly, Amo Quaye and Kofi Yeboah were engaged by the school as casual workers charged with the responsibility of keeping the school compound and classrooms clean. After the period of probation, the school authorities informed Zuri Osei and Ofori Nartey that the school was not interested in giving them permanent appointments because of unsatisfactory performance. On the other hand, Amo Quaye and Kofi Yeboah had their appointment terminated without any reason. The four (4) workers intend to take legal action against the school for compensation, accusing it of unfairly terminating their respective appointments.

Required:

Explain whether the workers will succeed in their respective intended legal action.

Answer

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Tags: Casual Workers, Compensation, Employment Law, Labour Act, National Labour Commission, Probation, Unfair Termination
Level: Level 1

Topic: Employment Law

BCL – L1 – Q47 – Employment Law

Assess legality of strike actions by DESA Ltd and ZEWU Industries Ltd.

Question

Workers of DESA Ltd embarked on a strike action in support of a strike action embarked upon by ZEWU Industries Ltd. The workers of ZEWU Industries Ltd declared the strike action after Management of their company ignored their demands for improved COVID-19 safety measures, among other demands. Workers of DESA Ltd, in their solidarity action, stated that the conditions under which they also work were similar to those for which workers of ZEWU Industries Ltd work and thus embarked upon the strike action. Prior to the decision to resort to an industrial action, the leaders of the workers union of ZEWU Industries Ltd orally told management of the company that they were proceeding with the industrial strike. The parties failed to agree to refer the dispute to voluntary arbitration, as provided in the conditions of service of employees resulting in the workers of ZEWU Industries Ltd going ahead with the industrial action.

Required:

Explain whether the strike action resorted to by the workers of DESA Ltd and ZEWU Industries Ltd were justified

Answer

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Tags: Employment Law, Industrial Dispute, Labour Act, Solidarity Strike, Strike Action
Level: Level 1

Topic: Employment Law

BCL – L1 – Q46 – Employment Law

Advise on unfair termination of James Quayle at SkyPure Ltd due to procedural error.

Question

James Quayle, the Deputy Sales and Marketing Manager of SkyPure Ltd, admitted at the Disciplinary Committee hearing that he sold the company products above the approved price and pocketed the difference. He pleaded that Management should temper justice with mercy. His plea was not taken, and he has accordingly been dismissed in line with the Company’s Conditions of Service. Five (5) months later, a member of the senior staff association has advised James Quayle to file a suit for unfair termination as the termination letter was not signed by the Managing Director but the Head of Department as required by the Conditions of Service.

Management is adamant but has approached you for an opinion. You are to advise management in the context of the Labour Act, 2003 (Act 651) and to draw management’s attention to the consequences of unfair termination.

Answer

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Tags: Agency, Employment Law, Labour Act, Remedies, Unfair Termination
Level: Level 1

Topic: Agency

BCL – L1 – Q44 – Leave and Restrictive Covenant

Advise on employee's breach of contract by working for competitor during leave.

Question

(a) Kofi Mensah, a member of staff in your auditing firm requested for and was granted part of his annual leave by management. Thereafter, he submitted a resignation letter to management. A week into his leave, management recalled him in writing to conduct an important exercise. He replied saying that he was unable to come to work. It has been confirmed that Kofi Mensah was unable to return to work because he had started work with a competitor firm.

The service conditions prohibit any worker from working with a competitor within two years after terminating their contract of employment with your firm. Management has referred the issue to you for your advice in reference to the Labour Act, 2003, (Act 651) and other relevant laws.

(b) Discuss two (2) remedies available to those who have been subject to unfair dismissal.

Answer

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Tags: Compensation, Labour Act, Reinstatement, Remedies, Unfair Dismissal
Level: Level 1

Topic: Employment Law

Tag (SQ): Labour Act

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BCL – L1 – Q107 – Human Rights

Can Kwame Asante sue for discrimination after being denied a job reserved for disabled persons?

BCL – L1 – Q106 – Employment Law

Identify facilities for workplace health and safety, describe employer/worker responsibilities, and outline sanctions per Labour Act 2003.

BCL – L1 – Q105 – Employment law

Advise management on resolving a dispute over reintroducing trade unions at Kolan Company Limited after a three-year cessation.

BCL – L1 – Q48 – Employment Law

Can probationary and casual workers at Apex Preparatory Academy succeed in a legal action for unfair termination compensation?

BCL – L1 – Q47 – Employment Law

Assess legality of strike actions by DESA Ltd and ZEWU Industries Ltd.

BCL – L1 – Q46 – Employment Law

Advise on unfair termination of James Quayle at SkyPure Ltd due to procedural error.

BCL – L1 – Q44 – Leave and Restrictive Covenant

Advise on employee's breach of contract by working for competitor during leave.

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BCL – L1 – Q107 – Human Rights

Can Kwame Asante sue for discrimination after being denied a job reserved for disabled persons?

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BCL – L1 – Q106 – Employment Law

Identify facilities for workplace health and safety, describe employer/worker responsibilities, and outline sanctions per Labour Act 2003.

You're reporting an error for "BCL – L1 – Q106 – Employment Law"

BCL – L1 – Q105 – Employment law

Advise management on resolving a dispute over reintroducing trade unions at Kolan Company Limited after a three-year cessation.

You're reporting an error for "BCL – L1 – Q105 – Employment law"

BCL – L1 – Q48 – Employment Law

Can probationary and casual workers at Apex Preparatory Academy succeed in a legal action for unfair termination compensation?

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BCL – L1 – Q47 – Employment Law

Assess legality of strike actions by DESA Ltd and ZEWU Industries Ltd.

You're reporting an error for "BCL – L1 – Q47 – Employment Law"

BCL – L1 – Q46 – Employment Law

Advise on unfair termination of James Quayle at SkyPure Ltd due to procedural error.

You're reporting an error for "BCL – L1 – Q46 – Employment Law"

BCL – L1 – Q44 – Leave and Restrictive Covenant

Advise on employee's breach of contract by working for competitor during leave.

You're reporting an error for "BCL – L1 – Q44 – Leave and Restrictive Covenant"

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