Sections 20 and 31: annual leave
In the same way, the provision made in section 31 of the Labour Act was designed to cure mischief in the past, which entitled workers to sell their annual leave for cash payable by their employers. After the passage of Act 651, any such agreement would be void, and no benefits would accrue to the advantage of the employer or worker. Section 31, therefore, could not be interpreted in any other way to compel a worker to take his earned Leave. In our opinion, no one can be compelled to enjoy a right or benefit unless it forms an obligation, the non-performance of which fundamentally affects another.
GHANA CENTER FOR DEMOCRATIC DEVELOPMENT & 8 ORS vs. ATTORNEY-GENERAL WRIT NO. J1/01/2021 [2024] SLR (SC) 9 · Supreme Court · 2024 · AMEGATCHER JSC
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