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Ghana and U.S. federal lawEvery answer cites its sectionYour matters never train a model

Who bears the burden in an unfair termination claim?

This matter
Ghana statutes
U.S. federal
Firm precedents

Answer

The employer bears it. A termination may be unfair where the employer fails to prove the reason was fair Act 651, s. 64, and misconduct counts only where it is proven Act 651, s. 63.

Source

Labour Act, 2003 · Act 651 · Part VIII, s. 64

Searched 55 primary sources, 14,063 indexed passages.

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Every load-bearing sentence carries the authority it rests on. Open the section, read it in full, and decide for yourself.

Research memorandum

Was the termination unfair?

Boateng v. Accra Logistics, National Labour Commission

On these facts the termination is likely to be held unfair. Under the Labour Act the burden sits with the employer: a termination may be unfair where the employer fails to prove that the reason was fair, or that a fair procedure was followed¹. Our client was given no hearing and no written reason.

The employer will likely plead misconduct, which is a permitted ground only where the misconduct is proven². An unproven allegation raised for the first time in the termination letter will not discharge that burden.

On remedies, the Commission may order re-instatement from the date of termination, or re-employment on the same terms³. Ask the client which of the two they actually want before we file, because it shapes the relief we plead.

Sources

1. Labour Act, 2003
Act 651 · Part VIII, s. 64
A termination may be unfair if the employer fails to prove that, (a) the reason for the termination is fair; or (b) the termination was made in accordance with a fair procedure or this Act.
2. Labour Act, 2003
Act 651 · Part VIII, s. 63
(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.
3. Labour Act, 2003
Act 651 · Part VIII, s. 64, remedies
it may (a) order the employer to re-instate the worker from the date of the termination of employment; (b) order the employer to re-employ the worker, either in the work for which the worker was employed before the termination or in other reasonably suitable work on the same terms and conditions.

An illustrative matter. The three extracts are verbatim text from the Labour Act, 2003 (Act 651) as indexed in the Ghana corpus.

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Client: Adjoa Mensah
Matter type: Land, title dispute
Referred by: Existing client

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the facts, parties, dates and documents of one matter

Firm precedents

the drafting your firm has already done

Ghana and U.S. federal corpus

constitution, statute and procedural rules

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reading all three, and citing what it used

The Lexqura platform

One workspace, nine working parts.

Practice management, research and drafting sit on the same matter record, so a deadline, a cited answer and a draft all know the same facts.

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Common questions

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How is this different from ChatGPT?

ChatGPT invents statutes that do not exist. Lexqura answers only from a corpus we control, and every response cites the Act, section or rule it relied on, so you can open the source and check it before you file.

Which jurisdictions are live?

Two. Ghana is live with the 1992 Constitution, 38 Acts of Parliament and the two principal sets of procedural rules, CI 47 and CI 16; 41 primary sources in all. U.S. federal is live with the Constitution, five titles of the United States Code (11 Bankruptcy, 17 Copyrights, 18 Crimes, 28 Judiciary, 35 Patents) and all five sets of Federal Rules; 14 primary sources. Nigeria, South Africa and Australia are planned. Practice management works wherever you practise; only AI research depends on a corpus.

Does it include case law?

Not yet. The corpus today is constitution, statute and procedural rules: 55 primary sources and 14,063 indexed passages, with no reported decisions. Case law is being added. Until it is there, the assistant tells you when it cannot find authority for a point rather than inventing one.

Can we pay in cedis, or by bank transfer?

Yes. We bill in Ghana cedis and US dollars, and we take bank transfer and mobile money as well as card. Card penetration is a real constraint for firms in this market, so the way you pay is never the thing that stops you starting.

What about data privacy?

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Can we try it with our team?

Yes. Sign up, invite your partners and associates, open a real matter and run it end to end. If you would rather be walked through it, we will do that with your team directly.

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