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National Labour Commission and High Court (Labour Division)

Labour / unfair termination claim

Employment dispute routed through the National Labour Commission before, or alongside, court action.

Timeline runs from
Date of termination or dispute
Primary rules
Labour Act 2003 (Act 651) · Labour Regulations 2007 (L.I. 1833)
Apply this roadmap to a case

Governing instruments

  • C.I. 47High Court (Civil Procedure) Rules, 2004 (2004)

    Master rules for civil practice in the High Court: commencement, service, pleadings, interlocutory applications, discovery, trial, judgment and enforcement.

    Binds: High Court · Circuit Court (with modifications)

  • Act 651Labour Act, 2003 (2003)

    Employment rights, unfair termination, grievance handling and dispute resolution.

    Binds: National Labour Commission · High Court (Labour Division)

  • L.I. 1833Labour Regulations, 2007 (2007)

    Procedure for complaints, mediation and arbitration before the Commission.

    Binds: National Labour Commission

Stage by stage

  1. 01

    Exhaust internal grievance procedure

    Counsel · Act 651 ss.64-67; contract and staff handbook · day 0

    Document the grievance and the employer's response — it frames everything that follows.

    Time limit: Follow the grievance timetable in the contract or handbook.

    Assemble: Contract of employment, Termination letter, Grievance correspondence

  2. 02

    Lodge complaint at the National Labour Commission

    Plaintiff / Applicant · Act 651 s.135; L.I. 1833 reg. 13 · day 14

    The Commission mediates first; keep a full record of the mediation outcome.

    Time limit: Lodge promptly; unfair termination claims are time-sensitive under Act 651 s.63.

    Form: Complaint form — L.I. 1833 reg. 13 — confirm the form number against the current print

    Assemble: NLC complaint form, Supporting documents

  3. 03

    Mediation / conciliation hearing

    Court · Act 651 ss.153-157 · day 45

    Settlement terms recorded at the Commission are enforceable — draft them carefully.

    Time limit: Commission sets the hearing; attendance is compulsory.

    Official cost: Writ of execution (fifa, garnishee, possession) — GH₵150.00 (C.I. 86 Sch. 2 — execution process)

  4. 04

    Compulsory arbitration or referral

    Court · Act 651 ss.158-160 · day 80

    Where mediation fails, the dispute goes to arbitration or the Labour Division of the High Court.

  5. 05

    Suit in the Labour Division

    Plaintiff / Applicant · C.I. 47; Act 651 s.64 remedies · day 100

    Plead the statutory remedies precisely: reinstatement, re-engagement or compensation.

    Authority: Ashun v Accra Brewery Ltd [2009] SCGLR 81 (remedies for wrongful termination)

    Claiming reinstatement where compensation is the realistic remedy.

Official court costs are drawn from the C.I. 86 (2014) as amended — schedule v1 schedule and are recovered from the client at cost, separately from professional fees. Registries assess some charges per page or per mile.

This roadmap is a planning aid, not legal advice. Rules are amended and the court may give directions that displace these defaults — always verify against the cited rule.

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