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JAMES BAIDEN & OTHERS
V.
GRAPHIC CORPORATION

(2005) JELR 66650 (SC)

Supreme Court 13 Jul 2005 Ghana
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- The appellants, employees of Graphic Corporation, claimed entitlement to end of service awards based on their collective agreement. - The Court of Appeal reversed the trial judge's decision, stating that a directive from the Provisional

Case Details

Suit Number:CIVIL APPEAL NO. CA J4/36/2004
Judges:ATUGUBA J.S.C. (PRESIDING), AKUFFO (MS) J.S.C., DR. TWUM J.S.C., LARTEY J.S.C., ANINAKWA J.S.C..
Counsel:MR. KWAKU PANTSIL FOR PLAINTIFFS/RESPONDENTS/APPELLANTS; MR J.K. AGYEMANG FOR RESPONDENTS.
Other Citations:(2005) JELR 66653 (SC)

JUDGMENT

ATUGUBA J.S.C.

The appellants were the employees of the respondent Graphic Corporation. Their relationship was governed, inter alia, by a collective agreement (exhibit B). Section 28.03 thereof provided for long service awards to the employees, while section 28.04 provided for end of service awards.

However, in December 1990, the government of the Provisional National Defence Council (PNDC), directed all public corporations and the state organisations having end of service benefits to freeze them and to arrange with the unions regarding payments to their employees entitled to such benefits up to the end of December 1990. Pursuant to this directive and following talks on the matter between the Ministry of Mobilization and Social Welfare, the Trade Union Congress and management of the respondent, the end of year benefits were calculated and 40 per cent thereof was paid out to the plaintiffs, leaving 60 per cent thereof on hold, which was paid to them upon the termination of their …

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