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GAKPLADZI FRANCIS _ ORS. v. SPINTEX LIMITED

2004

COURT OF APPEAL

GHANA

CORAM

  • OMARI SASU, J.A. (PRESIDING)
  • ANIM, J.A.
  • KUSI-APPOUH (MRS), J

Areas of Law

  • Employment Law
  • Constitutional Law
  • Contract Law
  • Evidence Law

AI Generated Summary

On appeal from the High Court, Accra, the Court of Appeal (per Anim J.A.) reviewed the dismissal of former employees of Spintex Co. Ltd. and their claims for redundancy awards and SSNIT contributions. Management had unilaterally issued Exhibit B, a “work to cover” policy after power cuts, inviting workers unwilling to comply to seek redundancy, followed by piecemeal payments and Exhibit J suspending the redundancy exercise and suggesting resignation. Workers clocked in but demonstrated peacefully on the premises and were dismissed on 24 November 1995. The court found TEGLEU, the mother union, had not authorized any variation; the local union lacked capacity. Applying Act 299 and constitutional protections for peaceful demonstration, and finding no evidence of violent misconduct, the court held Exhibits B and J invalid, confirmed that termination was null and void, rejected the “illegal strike” ground, and dismissed the appeal, affirming the High Court’s judgment.