Laws applicable to the management of labour in Ghana: An exposition on the exit phase

Abstract

The Labour Act, 2003 (Act 651) aside; the law governing the management of labour in Ghana appears to be scanty, incomprehensive and not readily available to those who need to use them whenever the need arises. The study therefore sought to fill this gap with specific reference to the exit phase. The study achieved this by exploring in depth and putting together the laws applicable to the exit phase of labour management in Ghana. This included not only the statement of the appropriate laws and legal principles but also the support and illustration of these principles with ample legal precedents, interpretations and enunciations to enhance the knowledge and understanding of human resource practitioners in particular and readers in general. This involved a great deal of documentary research that covered both the common law and legislation, as well as decided court cases (legal precedents) from both the local (Ghanaian) and foreign jurisdictions. The study succeeded in bringing to light the various ways in which the contract of employment can lawfully be brought to an end by the employee on one hand and by the employer on the other hand. In doing so, it also brought to the fore the legal meanings, implications and differences between terms such as terminations, resignations and various forms of dismissals (such as constructive, wrongful, fair and unfair dismissals).