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CLEMENT AGBESI & 4194 ORS
V.
GHANA PORTS & HARBOURS AUTHORITY

(2008) JELR 92131 (SC)

Supreme Court 16 Apr 2008 Ghana
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- The case is an appeal against a majority judgment of the Court of Appeal, which had overturned a High Court judgment. - The plaintiffs, former employees of the defendant authority, claimed damages for breach of the Collective Bargaining

Case Details

Suit Number:CIVIL APPEAL NO. J4/20/2007
Judges:MISS AKUFFO, J.S.C. (PRESIDING), BROBBEY, J.S.C., ANSAH, J.S.C., ANINAKWAH, J.S.C., ASIAMAH, J.S.C.
Counsel:Adaare for the Appellants; Nartey-Tetteh for the Respondent.

JUDGMENT

ANSAH, J.S.C.

This is an appeal against the majority judgment of the Court of Appeal allowing the appeal against the judgment of the High Court, Tema. 

The facts that culminated in this appeal were that the plaintiffs, former employees of the defendant authority, sued out a writ of summons claiming: 

a) “Damages for the breach of the provisions of the Collective Bargaining Agreement between the parties.

b) An award of compensation by the Court to the plaintiffs to be paid by the defendant for its illegal/unlawful conduct in keeping the plaintiffs as casual workers, and breaching plaintiff’s economic rights under the 1992 Constitution and also discriminating against the plaintiffs contrary to the provisions of the 1992 Constitution.

c) An order that the same compensation packages given to various categories of permanent employees as employees as compensation for the severance of employment resulting from the same re-organization of the defendant be made applicable to the plaintiffs,…

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