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EMMANUEL KOFI KUMI & 3 ORS
V.
GHANA AGRO FOOD COMPANY

(2008) JELR 68749 (CA)

Court of Appeal 14 Feb 2008 Ghana
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- The plaintiffs/appellants claimed that their dismissal from the defendant company was unlawful and wrongful. - The plaintiffs alleged that the dismissal was arbitrary and violated the Collective Bargaining Agreements. - The defendants/res

Case Details

Suit Number:CIVIL APPEAL NO: H1/233/2006
Judges:ARYEETEY J.A. (PRESIDING), BAFFOE BONNIE J.A., YAW APPAU J.A
Counsel:MR. NII AKWEI BRUCE THOMPSON FOR PLAINTIFFS/APPELLANTS,MR. OSAFO BUABENG FOR DEFENDANTS/RESPONDENTS

JUDGMENT

ARYEETEY, J. A.

By their writ of summons the plaintiffs/appellants claim the following reliefs:

(a) A declaration that the dismissal of the plaintiffs from the employment of the defendant company or the purported termination of the contract of employment between the plaintiffs and the defendant on or around the 1st of December 2003 was unlawful, wrongful and ultra vires the Collective Bargaining Agreements.

(b) An order for the restoration to the plaintiffs of their salaries, benefits, entitlements and other emoluments wrongfully withheld or forfeited during the period of wrongful dismissal, including an order for negotiation for payments of all redundancy benefits due.

(c) General damages for wrongful termination of employment and loss of service.

The plaintiffs/appellants base their claim on the following alleged facts: On the 1st of December 2003 the defendant company embarked upon illegal lockout as defined by the Industrial Relations Act, 1965 (Act 299) by locking out its empl…

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