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.
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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.

• Specific performance – is a judicial order to the promisor that he undertake the performance to which he obligated himself in a contract. The injured party asks the court to order the other party to perform the promise made. Specific performance is an alternative remedy to damages and may be issued at the discretion of the court.
• Rescission – Is an order that seeks to restore the parties to their original status before the contract was made. In an action for rescission, the injured party asks the court to declare the contract void and return the contacting parties as near as possible to the positions they had prior to entering the contract.
• Injunction – It is a court order directing a person to stop doing that which she should not do. In an action for injunction, the injured party asks the court to restrain or enjoin the party in breach from certain activities.

Remedy is the relief a Court may grant upon finding that a wrong has been committed. Remedies for breach of contract fall into two main classifications: “legal or common law” remedies (i.e., the right to be awarded monetary damages) and “equitable” remedies (i.e., the right to some relief from the Court other than damages).

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

• Intended to ensure law with fairness and to secure justice.
• Considered the basic Human Rights because they attempt to bring justice to the parties naturally.
• Cover – Audi Alteram Partem and Nemo Judes In Causa Sua.
• Right to be heard,
• One cannot be a judge in his own cause or a matter of which he has an interest.
• Fairness-covers procedural fairness.
• Principles concerning procedural fairness and to ensure that a fair decision is reached by an objective decision maker.
• Maintaining procedural fairness protects the rights of individuals and enhances public confidence in the process.
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Customary law means

• The rules of law, which by custom are applicable to particular communities in Ghana.
• They are classified under common law in the 1992 constitution.
• E.g The customary law continues to regulate the affairs of many Ghanaians in issues of initiation to puberty, marriage, divorce, succession, inheritance, chieftaincy, land ownership and disposals
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Legislation is

• Enactments made by or under the authority of the Parliament established by the Constitution. These are Acts of Parliament.
• Article 93 of the 1992 Constitution established Parliament and provided that the legislative power of Ghana is vested in Parliament and must be exercised in accordance with procedures specified in the Constitution.
• The power of Parliament to make laws shall be exercised by bills passed by parliament and assented to by the President. E.g. Include Public Financial Management Act, 2016 (Act 921), Public Procurement Act, 2003 (Act 663), Companies Act, 1963 (Act 179) -Legislative Instrument, Constitutional Instrument.
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The Supreme Court is

• the final court of appeal;
• has authority under Article 130 to exercise all the powers, authority and jurisdiction vested in any court established by the Constitution or any other law;
• having exclusive original jurisdiction in the interpretation and enforcement of the Constitution;
• having exclusive original jurisdiction in all matters on whether an enactment was made in excess of the powers conferred on Parliament or any other authority or person by law or under this Constitution;
• The Supreme Court has exclusive jurisdiction to determine whether an official document shall be produced in court where its production or disclosure of the content will be prejudicial to the security of the State or will be injurious to the public interest.
• The Supreme Court has supervisory jurisdiction over all courts and over any adjudicating authorities. In situations where questions about the law are raised, the Supreme Court has the jurisdiction of expressing the final opinion on the matter.
• It is the only court with the right to hear appeals that may come from the National House of Chiefs.
• The Supreme Court has Original jurisdiction in elections, namely Presidential election petition, Appeals from the National House of Chiefs.
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The High Court has

• Jurisdiction to enforce the Fundamental Human Rights and Freedoms guaranteed by the 1992 Constitution;
• Supervisory Jurisdiction: Supervisory jurisdiction over all lower courts and any lower adjudicating authority; The High Court also Exercise administrative jurisdiction over administrative bodies, issue prerogative writs, determines appeals from the lower courts.
  Civil Matters: Appeals lie from the District Court to the High Court.
  Criminal Matters: Appeals lie from the District Court to the High Court.
  Civil Matters: Appeals lie from the Circuit Court to the High Court.
• Powers and authority to hear and determine appeals within its jurisdiction.
• The jurisdiction of the Court involves hearing all civil or criminal matters.
• It has the constitutional authority to hear appeals from the District Court or Juvenile Courts as well as criminal appeals that may come from the Circuit Court.
• The High Court has the following divisions
   Commercial
   Land
   General Jurisdiction
   Divorce and Matrimonial
   Probate and Letters of Administration
   Industrial/Labour
   Criminal
   Financial and
   Human Rights
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• Performance (Delivery and discharge of obligations),
• Agreement (Through Variation or termination),
• Breach of Condition (that which goes to the root of the contract is broken),
• Frustration (Impossible to perform)