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FRANCIS AKUMA BOADI AND 85 ORS. V. V.A.L.C.O.

May 18, 2010

HIGH COURT OF JUSTICE (FAST TRACK DIVISION)

GHANA

CORAM

  • M.H. LOGOH

Areas of Law

  • Employment Law
  • Civil Procedure

AI Generated Summary

Following significant reductions in electricity supply to the Defendant Company during the 1982/83 drought, employees entered a leave-of-absence/recall programme and were ultimately declared redundant when Akosombo’s water levels failed to recover. A 1987 cohort of similarly affected employees (the Abraham Tokoli group) established wrongful dismissal against VALCO in the Supreme Court, with High Court computations later affirmed on appeal. The present Plaintiffs, also former employees of the Defendant Company, successfully invoked estoppel res judicata, and on October 17, 2008 Her Ladyship Iris May Brown, J.A., ordered detailed entitlements, including salaries, twelve months’ damages, benefits, article 40 rights, and interest. When negotiations stalled over the salary base, Justice M.H. Logoh held the court was not functus officio and, following the Tokoli precedent and Afreh J.A.’s method, rejected applying “indices of money depreciation.” He ruled that entitlements must be computed using salaries at the dates of de facto termination and directed calculation accordingly.

RULING