NUHU MOHAMMED & 49 ORS.
V.
PAPER CONVERSION CO. LTD.

(2012) JELR 63640 (HC)    
High Court  ·  SUIT NO. INDL 3/2011 ·  29 Mar 2012 ·  Ghana
CORAM
KWABENA ASUMAN-ADU
Core Terms Beta
defendant
plaintiffs
court
parties
judgment
court of appeal
declaration of redundancy
months’ salary
statement of defence
current action
labour act
new management
previous owners
high court
judgment of the court of appeal
payment of the severance awards of the plaintiffs
plaintiff
plaintiffs’ case
relevant collective bargaining agreement
statement of claim
statutory duty
agreed package
breach of the defendant
civil appeal no.
collective bargaining agreement
court action
date of the effective date of the redundancy
employees of the defendant company
exhibit a.
former employees of the defendant company
latter constitutes breach of the contract of employment
new owners
new shareholders
paper conversion co. ltd.
paper conversion company
plaintiffs’ claim
prior notice
punitive damages
redundancy pay
result of negotiations
said refusal
severance package
severance pay
terms of the judgment of the high court
times newspaper ltd
trial judge
trial judge’s determination

JUDGMENT

The Plaintiffs herein who were all former employees of the Defendant company commenced the current action by filing writ of summons accompanied with a statement of claim on 5th August, 2010 against the Defendant for the following reliefs:

A declaration that pursuant to the judgment of the Court of Appeal in Civil Appeal No. 111/237/2007 entitled Industrial and Commercial Workers Union v. Paper Conversion Co. Ltd. dated 6th November. 2008 and to Section 65(2) of the Labour Act, 2003 (Act 651) and Article 28(6) of the relevant Collective Bargaining Agreement between the parties the Defendant is legally bound to enter into negotiation with the Plaintiff the modalities and quantum for the payment of the severance awards of the Plaintiffs upon the declaration of redundancy by the Defendant.

A declaration that the failure or refusal by the Defendant to negotiate and agreed a formula or quantum for the payment of the severance awards of the Plaintiffs despite persistent requests by the…

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