Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



VOLTA ALUMINIUM CO LTD
V.
AKUFFO AND OTHERS

(2004) JELR 65742 (SC)    
Supreme Court  ·  29 Apr 2004 ·  Ghana
CORAM
KPEGAH JSC, ATUGUBA JSC, AKUFFO JSC, BADDOO JSC, DATE-BAH JSC

Ratio Decidendi

Core Terms Beta
article
employees
labour agreement
defendant company
court of appeal
per cent
amount of remuneration
industrial relations act
months’ notice
months’ salary
trade union
brother date-bah jsc
end of service benefits
high court judge
commercial workers’ union
grounds of appeal
per cent pay increase
additional grounds of appeal
calculation of their terminal benefits
case of summary dismissal
collective bargaining agreement
day of their termination
first ground of appeal
following reliefs
following terms
high court
learned trial
pay increase
plaintiffs-respondents
services of a regular employee
appeal turns
argument of the plaintiffs
case of termination
copy of the said agreement
defendant-appellant company
diminution of their contractual emoluments
employer of the plaintiffs-respondents
employment of the plaintiffs
facts of the case
following passage
ground of redundancy
individual employment contracts of the plaintiffs
issues of interpretation
judgment of the court of appeal
public policy
statutory authority
virtue of section

JUDGEMENT

KPEGAH JSC.

I have had the advantage of reading beforehand, the judgment to be delivered by my learned brother Date-Bah JSC. I agree with his reasoning and conclusion. I have nothing useful to add.

AKUFFO JSC.

I have also had the advantage of reading beforehand, the judgment of my learned brother Date-Bah JSC. I also agree with his reasoning and conclusion.

DATE-BAH JSC.

This appeal turns on the interpretation to be given to certain provisions in a collective bargaining agreement between the employer of the plaintiffs-respondents and their trade union. The facts of the case are not in dispute.

The facts

The plaintiffs-respondents (hereinafter referred to as the plaintiffs) used to be employed by the defendant-appellant company (hereinafter referred to as the defendant). They were members of the Industrial and Commercial Workers’ Union (ICU) of the Ghana Trades Union Congress. On 16 May 1994 the defendant terminated the employment of the plaintiffs (along with other employees) on …

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