Ghana: Halliburton Loses Appeal Against NLC Ruling In GTPCWU Case

Ghana’s Court of Appeal has dismissed an appeal by a subsidiary of global offshore services company, Halliburton International Incorporated Ghana, seeking to overturn the decision of the National Labour Commission in the case involving the General Transport Petroleum and Chemical Workers Union of Trade Union Congress.

The court presided by three justices namely G. S Suubaareh, J.Dodoo and J. Bartels-Kodwo agreed with the ruling of the National Labour Commission, having analysed the evidence by the Appellant and Respondent and, therefore, dismissed the appeal.

On 4th May 2018, Halliburton International Incorporated Ghana dismissed Margaret Jackeline Adjimah without following due process spelt out in Article 8 of the Collective Bargaining Agreement (CBA) between the General Transport Petroleum and Chemical Workers Union of Trade Union Congress the victim Margaret is a member and Halliburton International Incorporated Ghana.

Unhappy about Halliburton’s decision, GTPCWU, which is the umbrella body of petroleum and chemical workers in Ghana, filed a complaint at the National Labour Commission (NLC) to seek justice for the dismissed worker.

The Commission, after evaluating the evidence put before it by both parties, established that Halliburton failed to follow the processes outlined in sections 19 and 105 of the Labour Act 2003 (Act 651).

The Commission, in its ruling, noted that Halliburton unfairly terminated the contract of Margaret Jackline Adjimah and, therefore, directed them to reinstate her or pay her one-year salary as compensation.

Halliburton, however, did not comply with the ruling of the Commission and, accordingly, went to the Court of Appeal, seeking to overturn the ruling of the Commission.

Unfortunately, the Court of Appeal upheld the ruling of the National Labour Commission and awarded GH¢30,000 cost against them.

GTPCWU was represented by lawyer Kofi Bentil while Halliburton International Incorporated Ghana was represented by Sefakor Kwenyehia and Earl Eyram Fosu.

Commenting on the ruling of the Labour Commission, the National Chairman of the General Transport Petroleum and Chemical Workers Union, Mr. Bernard Owusu welcomed the decision of the Court, saying it is a victory for the Union and urged workers who have not yet joined the Union to do so to enjoy the support and protection of the Union against unfair labour practice from some employers against employees.

Source: https://energynewsafrica.com