Ratio Decidendi



JACOB AKOSAH
V.
FEDERATED COMMODITIES LTD

(2016) JELR 107572 (HC)    
High Court  ·  SUIT NUMBER INDL/56/14 ·  29 Jan 2016 ·  Ghana
CORAM
JUSTICE LAURENDA OWUSU

Ratio Decidendi

Core Terms Beta
defendant
plaintiffs
section
labour act
redundancy exercise
employer
terms
conditions of payment
parties
redundancy package
amount of redundancy pay
negotiation
payments
trade union
paltry amounts of money
paragraph
plaintiffs employments
1st plaintiff
accompanying statement of claim
case of the plaintiffs
categories of workers
concerned relevant information
confines of the labour act
contemplated changes
court finds
dismissal of an employee
exception of 5th plaintiff
fast track division
following issues
following reliefs
former employees of the defendant company
general principle of law
interested party
order of the court
orders of the court
plaintiffs claim
registry of this court
supreme court
terminations of employment of workers
unlawful termination of their contract of employment

JUDGEMENT 

The Plaintiffs issued a writ at the registry of this court claiming the following reliefs: ∙

A Declaration that the redundancy exercise carried out by the  Defendant by which the Plaintiffs were declared redundant is unlawful  and wrongful; 

An order of the court directed at the Defendant to review the  redundancy package in accordance with the Labour Act 2003; ∙

Damages for unlawful termination of their contract of employment;

By an accompanying statement of claim it is the case of the Plaintiffs that they are  former employees of the Defendant Company. According to them prior to termination  of their employment they had worked for years ranging from four (4) to sixteen (16)  years. They claim that on or around 19th August 2013 the Defendant wrote to Plaintiffs  to proceed on leave for the Defendant to “undertake an assessment and evaluation of  its activities in order to ensure greater productivity and proper functioning of the Company”. According to Plaintiffs per letters …

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