FIAWORNU ERASMUS & 163 ORS.
V.
GHANA COMMERCIAL BANK

(2012) JELR 63663 (HC)    
High Court  ·  SUIT NO: INDL 49/09 ·  8 Jun 2012 ·  Ghana
CORAM
JUSTICE KWABENA ASUMAN-ADU
Core Terms Beta
plaintiffs
defendant
evidence
statement of claim
writ of summons
amended writ of summons
defendant’s special pension scheme
redundancy exercise
sufficient evidence
amended statement of claim
burden of proof
family members
staff rationalization
collective bargaining agreement
plaintiffs’ case
severance pay
alphabetical list of any plaintiffs
order of this court
ssnit pension scheme
benefit of its employees
benefits of the ghana commercial bank special pension scheme
claim of the plaintiffs
court of equity
date of eventual payment
defendant’s special scheme
exhibit a.
exhibit b.
exhibit c.
ex-workers of the defendant company
following issues
following objectives
following reliefs
gcb annual report
given case
justice of the case
leave of court
outcome of the said negotiations
parties’ cba
plaintiffs state
registrar of the high court
respect of payment of pension
result of their premature termination of employment
said amended writ of summons
special pension benefits
stated term of the collective bargaining agreement
tender sufficient evidence
way of a writ of summons
year of service

JUDGMENT

The current action was commenced by 164 ex-workers of the Defendant Company against the Defendant on 9th September, 2010 by way of a writ of summons accompanied by a statement of claim. Pursuant to an order of this court dated, 2nd February, 2011 Plaintiffs filed an amended writ of summons and a statement of claim on 9th February, 2011. By an order of this court dated 25th November, 2011 the Plaintiffs filed further amended writ of summons accompanied by an amended statement of claim on 1st December, 2011.

The said amended writ of summons against the Defendant is for the following reliefs:

(i) Declaration that the Plaintiffs are eligible to participate in and enjoy the benefits of the Ghana Commercial Bank Special Pension Scheme set up by the Defendant for the benefit of its employees.

(ii) Declaration that the negotiations or purported negotiations for severance awards by the Standing Joint Negotiating Committee on the basis on which the Plaintiffs were paid severance pay was a …

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