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OPARE YEBOAH & 8 ORS
V.
BARCLAYS BANK GHANA LIMITED

(2010) JELR 68499 (SC)

Supreme Court 26 May 2010 Ghana
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- The case involves the dismissal of eight employees of a bank who were also local union executives. - The bank claimed that the employees engaged in illegal activity, leading to their summary dismissal. - The employees challenged the legal

Case Details

Suit Number:CIVIL APPEAL NO. J4/9/2010
Judges:WOOD (MRS) CJ (PRESIDING), OWUSU (MS) JSC, DOTSE JSC, GBADEGBE JSC, AKOTO-BAMFO (MRS) JSC
Counsel:ALBERT ADAARE AGBOSU & ASSOCIATES FOR THE PLAINTIFFS/ APPELLANTS /APPELLANTS; CHARLES HAYIBOR HAYIBOR DJARBENG & CO. FOR THE DEFENDANT /RESPONDENT/RESPONDENT.

JUDGEMENT

WOOD (MRS), CJ.

The salient facts leading to the institution of the action, from which this appeal culminates, are indeed quite simple. The 1st-8th appellants worked at various branches of the respondent bank as employees; and served also as local union executives of the 9th appellants, the Industrial and Commercial Workers Union. On the 26th February, 2008, the respondent bank, purportedly acting under article 17 of the collective bargaining agreement (CBA) between themselves and their employees, issued out letters to the 1st–8th appellants, dismissing them retrospectively from their employment, that is, from the 11th January, 2008, the date on which the respondent put them on notice of summary dismissal; viz, notice of the bank’s intention to dismiss them without pay in lieu of notice. The respondents’ action was triggered by an alleged illegal activity instigated by the 1st -8th appellants, working in concert with others, on the 14th of November, 2007. The alleged actions a…

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