Section 9 of the Labour Act, 2003, Act 651 states the duties of the employer. Specifically, Section 9(c) states:

“Take all practicable steps to ensure that the worker is free from risk of personal injury or damage to his/her health during and in the course of the worker’s employment or while lawfully on the employer’s premises.”

• In this case, the issue is whether the employer was reasonable or negligent in not providing a safe environment for the employees.
• The situation that led to the slip of Mary Ansah, resulting in her injury, was unexpected due to three days of continuous rainfall.
• The management of Adusa Confectionery Ltd, as an interim measure, sprinkled sawdust on the floor to prevent any slippage, although a small portion was not covered by the sawdust.
• There is no evidence that prior to the downpour, the factory floor had been unsafe due to negligence by the management of Adusa Confectionery Ltd.
• Therefore, it is not arguable that the management in this instance breached Section 9(c) of Act 651 and is liable for negligence under common law.
• Given the circumstances, the employer did not act unreasonably or negligently in breach of Section 9(c) of Act 651.
• As a result, Mary Ansah is not likely to succeed in any action against the management.

(4 points for 2.5 marks each = 10 marks)