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J. K. AGYARBENG & 62 ORS
V.
SG/SSB BANK LTD (NOW SOCIETE GENERALE GHANA)

(2015) JELR 68977 (SC)

Supreme Court 17 Jun 2015 Ghana
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- The case involves a dispute between employees (respondents) and their employer (appellant bank) over the termination of their employment during a re-organization exercise. - The appellant issued a notice stating the need for downsizing an

Case Details

Suit Number:CIVIL APPEAL NO. J4/11/2015
Judges:AKUFFO (MS.) JSC (PRESIDING), GBADEGBE JSC, AKOTO BAMFO (MRS) JSC, BENIN JSC, AKAMBA JSC
Counsel:P. KWAMINA BAIDEN ESQ. FOR THE DEFENDANT/APPELLANT/ APPELLANT; AKOTO AMPAW ESQ. WITH HIM ALEX OSEI MANTEY FOR THE PLAINTIFFS/RESPONDENTS/RESPONDENTS.

JUDGEMENT

BENIN, JSC

The plaintiffs/respondents/respondents, hereafter called the respondents, were employees of the defendant/appellant/appellant bank, hereafter called the appellant. The relationship of employer-employees was terminated when the appellant decided to embark upon a re-organisation exercise which entailed the down-sizing of its staff. To this end the appellant issued a notice dated 13 December 2001, tendered in evidence as Exhibit A addressed to the Chairman of the Local Union and copied to the Chairman of the Senior Staff Association(SSA). For its full force and effect, we quote exhibit A here:

‘BANK RE-ORGANISATION
Owing to full scale implementation of the Flexcube programme and other Transformation initiatives it has now become necessary for the bank to re-organise its core structure for competitive advantage.
The need thereof re has arisen for the rightsizing of staff by 28th February 2002.
In line with the requirements of our Collective Bargaining Agreement (Item 11.3 u…

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