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Ghana - Substantive requirements for dismissals

Substantive requirements for dismissals (justified and prohibited grounds) - Ghana - 2013    

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Obligation to provide reasons to the employee: No
  • No legal provision requiring justification to the employee.
    See however art. 63 (4) a) LA:
    "A termination may be unfair if the employer fails to prove that the reason for the termination is fair".

Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
  • Art. 62 LC: "A termination of a worker's employment is fair if the contract of employment is terminated by the employer on any of the following grounds:
    (a) that the worker is incompetent or lacks the qualification in relation to the work for which the worker is employed;
    (b) the proven misconduct of the worker;
    (c) redundancy under section 65;
    (d) due to legal restriction imposed on the worker prohibiting the worker from performing the work for which he or she is employed".

Prohibited grounds: pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; religion; political opinion; social origin; trade union membership and activities; disabilities; financial status; ethnic origin
  • Art. 63 LA.

Workers enjoying special protection: no protected groups