KWAME GYAN TAWIAH
V.
MANTRAC GHANA LIMITED

(2017) JELR 107613 (HC)    
High Court  ·  SUIT No. INDL/75/14 ·  3 Mar 2017 ·  Ghana
CORAM
JUSTICE GIFTY DEKYEM
Core Terms Beta
plaintiffs
section
headcount review
major change
redundancy pay
redundancy exercise
grounds of a headcount review
trade union
22nd january
appointments of plaintiffs
collective agreement
labour act
laryea ayiku iii
nikoi olai amontia iv
obligation of a party
re asere stool
sufficient evidence
burden of proof
commercial workers union
contemplated changes
delta equipment human resources manual
former senior staff
inter office memorandum
introduction of major changes
justice gifty dekyem
labour rationalization exercise
months’ basic salary
names of acting employees
new programme
part of the defendant
plaintiffs’ case
plaintiffs’ conditions
positions plaintiffs
relevant information
required notice
termination of the plaintiffs
termination simpliciter ie termination
way of the headcount review

JUDGMENT 

Defendant is a company whilst Plaintiffs are its former senior staff. By letter dated  22nd January, 2014 effective 23rd January, 2014, the appointments of Plaintiffs  were terminated. In a further letter of the same date, Plaintiffs were offered ex  gratia award of six months’ basic salary as goodwill for their services to  Defendant. In a memorandum dated 24th January, 2014 from Defendant’s  Managing Director to its staff, it was made clear that, as result of a HEADCOUNT  REVIEW, Plaintiffs’ were affected hence the termination of their employment  contracts. The letter also stated the names of Acting Employees who would cover  the positions Plaintiffs held until further notice. It is Plaintiffs’ case that, the HEADCOUNT REVIEW was an arrangement or programme under which the  Defendant undertook labour rationalization exercise in the result of which the  Plaintiffs were found either as being in excess of the needed staff strength or not  fit to be part of the Defendant’s ne…

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