The issue to be determined in the scenario is whether, by law, workers on probation and casual workers, are entitled to compensation in a situation of termination of their respective appointments.

• The first group of workers in the question are those on probation whose appointments have been terminated without they being paid compensation.
• The second categories are casual workers.
• Section 66 of the Labour Act, 2003, Act 651, of Part VIII, states that the two(2) categories of workers cannot have the intervention of the National Labour Commission, to negotiate for redundancy pay and for any mitigation in the event of a dispute. In other words, by law, the two (2) categories of workers cannot complain that their appointments have been unfairly terminated.
  That the workers cannot, therefore, succeed in any intended legal action because the provisions in Part VIII of the Labour Act, 2003, Act 651 do not cover them.

Section 10 provides the rights of workers to include the right to:

• work under satisfactory, safe and healthy conditions;
• receive equal pay for equal work without distinction of any kind;
• have rest, leisure and reasonable limitation of working hours and a period of holiday with pay as well as remuneration for public holidays;
• form or join a trade union;
• be trained and retrained for the development of skills; and
• receive information relevant to the work of the worker.
                                                                                                                                                                               (Any 4 points)

Abena’s Engagement

• ABA Ventures has an obligation to pay Abena’s social security because she is an employee by her working situation. The employee is controlled by their employer and regular salaries are paid, income taxes are deducted from source and social security is paid on behalf of the employee.
• Abena is expected to work at a specific place during specific hours on specific days and must present herself for work personally since she cannot send someone else as a substitute. Abena’s engagement is a contract of service and entitles her to social security contributions and payment.

John’s Engagement

• John’s engagement is under contract for service. Contract for services relates to a working situation where a person works on his own, runs his own business and will work for a person who requires his services. Such a person pays his taxes on his own, files his taxes and is liable for his own social security and provision of his own tools.
• John is not expected to work at a specific place during specific hours and he can send someone else to do the work. By John’s engagement, the only payment liability on ABA is to pay the contract sum per the terms of payment and deduct withholding tax.

The rights of employer include the right to employ a worker, discipline, transfer, promote and terminate the employment of the worker – [Section 8(a) of Labour Act, 2003, (Act 651)]
Section 8 outlines the rights of the employer as among others to:

• Employ a worker, discipline, transfer, promote and terminate the employment of the worker.
• Formulate policies, execute plans and programmes, and set targets.
• Modify, extend or cease operations, and
• Determine the type of products to make or sell and the prices of its goods and services.
• It is not within the right of the employer to reduce the salary of the employee/worke

Per Section 15 of the Labour Act, a contract of employment may be terminated as follows:

• By mutual agreement between the employer and the worker;
• By the worker on grounds of ill-treatment or sexual harassment;
• By the employer on the death of the worker before the expiration of the period of employment;
• By the employer if the worker is found on medical examination to be unfit for employment;
• By the employer because of the inability of the worker to carry out work due to sickness or accident; or the incompetence of the worker; or the proven misconduct of the worker.

• Re-instatement from the date of the termination of employment;
• Re-employment of the worker, in the work for which the worker was employed before the termination
• Damages or order the employer to pay compensation to the worker. (a) order the employer to re-instate the worker

An employee-employer contract is a contract of service

• Permanent employees have a contract of service with their employer. By definition, if a worker has a contract of service with an organisation, they are an employee.
• The worker is controlled by their employer – they must perform the tasks they are instructed to by a line manager according to their job description.
• The worker is expected to work at a specific place during specific hours on specific days (even flexi-time has core hours)The worker must present themselves for work and cannot send someone else as a substitute.
• Employees have statutory rights to holiday pay, sick pay, maternity and paternity rights and redundancy payments
• Employees have statutory rights regarding how they can be asked to leave their employment
                                                                                                                                                                                  (Any 5 points)

• to make an order for reinstatement.
• to make an order for re-engagement.
• to make an order for compensation.
                                                                                                                                                                                 (Any 2 points)

• Contract of Service
  The Labour Act, 2003 ACT 651 defining “Contract of Employment” means it to be Contract of Service whether express or implied, and if express whether oral or in writing. Contract of service relates to a working situation where one is an employee or a worker working for an institution in which that worker or employee is either told what to do and how to do it or the institution employs a skilled professional worker or employee into his service. The employee/worker has certain advantages such as being paid salary, taxes are deducted from source and his employer will be liable for his tort arising from the normal course of duty.
• Contract for Services
  Contract for services relates to a working situation where a person works on his own, runs his own business and will work for a person who requires his services. Such a person pays his taxes on his own, files his taxes and is liable for his own tort and provision of his own tools.

i) Section 64 of the Labour Act, 2003 ACT651 provides for the following solutions:

• The employer will be ordered to re-instate the employee from the date of the termination of the employment.
• The employer will be ordered to re-employ the employee in the work for which the worker was employed before the termination, or
• Re-employ the employee in any other reasonably suitable work on the same terms and conditions enjoyed by the worker before the termination, or
• The employer will be ordered to pay compensation to the employee.
                                                                                                                                                                                  (Any 2 points)

Both workers will have the same cause of action as they acted within their rights.

Section 8 of ACT 651 provides for the rights of the employer as follows:

• Employ a worker, discipline, transfer, promote and terminate the employment of the worker;
• Formulate policies, execute plans and programmes to set targets;
• Modify, extend or cease operations;
• Determine the type of products to make or sell and the prices of its goods and services.

Under the Labour Act 2003 Act 651, it is the duty of employer to provide satisfactory safe and healthy conditions.

• Location of company very close to a big gutter/ undesilted gutter that emitted bad odour.
• The equipment was obsolete exposing the workers to injuries.
• The workers were not provided with protect clothing.
• Their complaints were ignored.
  Not more than 2 Marks to be allotted for total of this area

Whether the workers were justified refer to section 159 below

• For strike to be legal, the Law under Section 159 stipulates two circumstances under which legal strike can occur.
• The first is where the parties fail to agree to refer the dispute to voluntary arbitration, and where the dispute remains unresolved at the end of the arbitration process, either party intending to take strike action or institute lockout, shall give written notice of this to the other party and the commission, within seven days after failure to agree to refer the dispute to voluntary arbitration or the termination of the proceedings.
• This means that the parties would have gone through negotiation and mediation, yet they failed to resolve the dispute and one party to the dispute does not want the matter to be referred to voluntary arbitration, or the parties are at voluntary arbitration, but the conduct of one party is stalling the process.
• It is under such a circumstance that a party intending to strike or institute lockout must give a written notice to the other party and the National Labour Commission. However, what has become the norm by some workers, workers organisations and associations is for them to issue press releases or press statements of their intention to embark on strike. In other instances, the NLC is only copied notice of strike. Such acts contravene the provisions for embarking on strike under the law.
• Again, such act prevents the commission to pro-actively intervene to have the issue resolved. Very often also, the strike action started before the commission was informed. Furthermore, the practice where workers write to state that if no action is taken within a specific period “we would advise ourselves” is not appropriate because advising “oneself is not a notice “to the commission. Where a party is aggrieved and intends to take action, that party should state clearly the reasons for dissatisfaction and officially report to the commission for redress.
• A notice of strike, therefore, must be properly served as required by the law. It is important to note that today’s practice of the industrial relations must be based on transparency, good faith and adherence to the Labour Act 2003, (Act 651).
• The parties failed to agree- refer the dispute to voluntary arbitration
  2 Marks for bullet 2 otherwise 1 ½ Marks for each point. AND total of 8 Marks here.

• Provide work and appropriate raw materials, machinery, equipment and tools;
• Pay the agreed remuneration at the time and place agreed on in the contract of employment or collective agreement or by custom without any deduction except deduction permitted by law or agreed between the employer and the worker;
• Take all practicable steps to ensure that he worker is free from risk of personal injury or damage to his or her health during and in the course of the worker’s employment or while lawfully on the employer’s premises;
• Develop the human resources by way of training and retraining of the workers;
• Provide and ensure the operation of an adequate procedure for discipline of the workers;
• Furnish the worker with a copy of the worker’s contract of employment;
• Keep open the channels of communication with the workers; and
• Protect the interests of the workers.

• Work under satisfactory, safe and healthy conditions;
• Receive equal pay for equal work without distinction of any kind;
• Have rest, leisure and reasonable limitation of working hours and period of holidays with pay as well as remuneration of public holidays;
• Form or join a trade union;
• Be trained and retrained for the development of his or her skills
• Receive information relevant to his or her wor

• Work conscientiously in the lawfully chosen occupation.
• Report for work regularly and punctually.
• Enhance productivity.
• Exercise due care in the execution of assigned work.
• Obey lawful instructions regarding the organization and executions of his or her work.
• Take all reasonable care for the safety and health of fellow workers.
• Protect the interests of the employer
• Take proper care for the property of the employer entrusted to the worker or under the immediate control of the worker.

• There is a contractual relationship between Kojo Mensah and the A&C company Limited
• From the scenario, there is a case of gross misconduct on the part of Kojo Mensah.
• Therefore, notwithstanding the existing contract between Kojo Mensah and A&B company, the company, could on disciplinary grounds terminate Kojo Mensah’s appointment for gross misconduct.
• The company was, therefore, justified in terminating Kojo Mansah’s appointment

• Kojo Mensah can seek redress in court because of the fact that the company did not give him a hearing, adding that in view of the fact that, the grounds for the termination of Kojo Mensah’s appointment were disciplinary, he ought to have been given a hearing: not giving Kojo Mansah a hearing offends the principle of natural justice.
• Kojo Mensah, therefore, has a bright chance of success in the court as he can sue A&B Company for damages for wrongful termination of his appointment.
• Kojo Mensah cannot sue for re-instatement because contractual relationship is not for servitude

Dismissal

• No benefits are payable
• No notice in lieu of salary
• Dismissal necessarily implies that it is a disciplinary action
  Termination
• One is entitled to accrued benefits.
• Termination requires notice or salary in lieu of notice
• Termination may be disciplinary or non disciplinary.

Grounds on which a worker can be fairly terminated are as follows:
1) That the worker is incompetent.
2) Or lacks the qualification
3) Proven misconduct of the worker.
4) Redundancy under S.65
5) S.15 of the Acts stated grounds for termination.

Grounds on which a worker can be unfairly terminated are as follows:
1) That the worker has joined or intends to join or has ceased to be a member of a trade union or intends to take part in the activities of a trade union;
2) That the worker seeks office as, or is acting or has acted in the capacity of workers representative;
3) That the worker has filed a complaint or participated in proceedings against the employer involving alleged violation of this Act or any other enactment;
4) That the worker’s gender , race, colour , origin , religion , creed ,social , political or economic status;
5) That the worker is temporarily ill or injured and this is certified by a recognized medical practitioner.