One
of the most pervasive issues confronting the judicial system in Ghana is the
congestion of courts across the country. This has impeded the smooth
administration of justice through delays and extensive bureaucratic procedures.
Some administrative and quasi-judicial bodies have been clothed with
jurisdictional and adjudicatory powers to deal with sector specific disputes.
The Labour Act 2003, (Act 651) established the National Labour Commission (NLC)
to be instrumental in the adjudication and the enforcement of labour rights and
obligations.
The
Act guarantees the independence of the National Labour Commission in an attempt
to protect it from external interference. There appears to be some variance
with the practice however, where several limitations can militate against the
independence of the Commission. This article interrogates the extent of the
NLC’s independence and dispute settlement functions. It explores the regulatory
framework of the Commission, its adjudicatory and dispute resolution powers
under Act 651 and what forms of limitations, if any, impede the NLC in its
dispute resolution functions. It further recommends viable solutions to
safeguard the independence of the Commission.
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