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M. KWAKU & 473 ORS.
V.
VALCO

(2012) JELR 64684 (HC)

High Court 9 Jan 2012 Ghana
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- The case involves 474 former employees suing their former employer for unpaid overtime and violation of their constitutional rights to rest. - The plaintiffs claim they worked 8 hours and 30 minutes daily, with the extra 30 minutes consti

Case Details

Suit Number:SUIT NO: BMISC/62/05
Judges:JUSTICE KWABENA ASUMAN-ADU
Counsel:MR. AKOTO AMPAW FOR THE PLAINTIFFS,MR KWABENA ADU KUSI FOR THE DEFENDANT

JUDGMENT

On 28th October, 2004 388 former employees of Defendant Company issued a writ of summons accompanied by a statement of claim per their lawyers against the Defendant for a number of reliefs. Subsequently, on 24th June, 2005, Plaintiffs caused their lawyers to file an amended writ and statement of claim following leave granted by the court seeking the following reliefs against the Defendant:

1. (a) a declaration that they are each entitled to overtime pay in accordance with Defendant’s fixed rate of overtime for thirty minutes of each working day of their respective period of employment;

(b) an order directed at Defendant to pay the said accumulated overtime pay due each Plaintiff;

(c) interest on (b) above from the date they became due to date of final payment.

2. Or in the alternative damages for violation of Plaintiffs’ constitutional rights to rest particularly Article 24(2) of the 1992 Constitution and their statutory rights to break of at least one hour’s duration of every wor…

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