Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ICU
V.
WORLD COOL MANUFACTURING LTD

(2016) JELR 107568 (HC)    
High Court  ·  SUIT NO. INDL/42/15 ·  28 Jan 2016 ·  Ghana
CORAM
JUSTICE LAURENDA OWUSU

Ratio Decidendi

Core Terms Beta
plaintiffs
defendant
court
1st plaintiff
62nd plaintiffs
redundancy package
current bank lending rate
declaration
labour act
amount of gh
breach of plaintiffs
collective bargaining agreement
contract of employment
payment of all outstanding redundancy payments
plaintiffs’ arrears
prior notice
said plaintiffs
social security
attorney general
breach of section
commercial workers union
court 24th plaintiff
days’ pay
deferred pay
employees of the defendant company
end of service benefits
exhibit c
exhibit f
false statement
going concern
internal memos
justice laurenda owusu
month’s pay
pay
plaintiffs claim
plaintiffs statement of claim
registry of this court
republic v. high court
respect of their redundancy package
service of the defendant
specific periods
trade union
weeks’ pay
world cool manufacturing limited
writ of summons

JUDGMENT 

OWUSU, J.

The Plaintiffs issued a Writ of Summons at the Registry of this Court claiming the  following reliefs: 

i. A declaration that the failure and or refusal by the Defendant to negotiate and  agree with the Plaintiffs their redundancy package and other entitlements and  or pay same to them upon the said Plaintiffs being declared redundant is in  breach of Section 65 of the Labour Act, 2003, Act 651 and Article 11 of the  Collective Bargaining Agreement applicable to the parties at the material  time. 

ii. A declaration that the failure or refusal to pay the Plaintiffs their redundancy  entitlements or end of service benefits and other allowances is wrongful. 

iii. A declaration that the failure or refusal to pay the Plaintiffs their salaries  which had fallen into arrears since October, 2010 is wrongful. 

iv. An order for the payment of all outstanding redundancy payments to the  Plaintiffs. 

v. An order for the payment forthwith of the Plaintiffs’ arrears of salaries and  …

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