Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



EVANS DONKOR AND JONATHAN FAARA ALI & 113 OTHERS
V.
ANGLOGOLD ASHANTI (GHANA) LTD, OBUASI

(2021) JELR 108974 (CA)    
Court of Appeal  ·  H1/37/2021 ·  27 May 2021 ·  Ghana
CORAM
A. M. DOMAKYAAREH (MRS) J. A. PRESIDING, A. B. POKU-ACHEAMPONG J. A., S. K. A. ASIEDU J. A.

Ratio Decidendi

Core Terms Beta
plaintiffs
mbc
defendant company
court of appeal
decision of the nlc
evidence
trial judge
weight of evidence
pieces of evidence
preponderance of the probabilities
collective bargaining agreement
exhibit b
judgment of the high court
pay slips
pay slips of the plaintiffs
additional grounds of appeal
exhibits f
payment of a redundancy package
terms of settlement
administrative management of mbc
arguments respondent’s counsel
case of plaintiffs
case of the plaintiffs
conducts of the defendant
date of employment
employment of plaintiffs
employment of the plaintiffs
evidence of defendants
exhibit d
following grounds of appeal
following issues
following reliefs
former employees of the defendant company
issue of estoppel
issue of payment of redundancy package
mbc workers
order of this honourable court
pay slip
plaintiffs case
plaintiffs’ witness christopher azumah
respect of a petition
separate existence
severance package
such omnibus ground

JUDGMENT

POKU-ACHEAMPONG, J.A.

This is an appeal against a judgment of the High Court, Obuasi dated 11th October, 2018 in a  labour dispute involving the issue of payment of redundancy package to the Plaintiffs. 

Per their writ of summons issued on 10/04/17 the 115 Plaintiffs sought the following reliefs  against the Defendant Company: 

a. A declaration that by the acts and conducts of the Defendant, it has terminated the  appointment/employment of the Plaintiffs and as such the Plaintiffs are entitled to  their package in accordance with their Collective Bargaining Agreement with the  Defendant. 

b. A declaration that the package the Defendant paid to Plaintiffs sometime in 2013 fall  short of what the Plaintiffs are in fact entitled to as provided under the Collective  Bargaining Agreement. 

c. A declaration that the ruling of the National Labour Commission (NLC) dated 20th August 2008 in respect of a petition the Plaintiffs’ brought against the Defendant  herein did not terminate the app…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login