GENERAL TRANSPORT, PETROLEUM and others v. HALLIBURTON INTERNATIONAL and others
2024
SUPREME COURT
GHANA
CORAM
- BAFFOE-BONNIE JSC
- OWUSU (MS.) JSC
- KULENDI JSC
- ACKAH-YENSU (MS.) JSC
- ASIEDU JSC
Areas of Law
- Employment Law
2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Margaret Jacqueline Adjimah was terminated from Halliburton International Inc., Ghana Branch, without adhering to the Collective Agreement as argued by the General Transport, Petroleum & Chemical Workers Union. The National Labour Commission and the Court of Appeal ruled the termination unfair. The Supreme Court overturned these rulings, holding that the common law right to terminate upon giving notice or payment in lieu of notice was preserved under the Labour Act unless superseded by more beneficial provisions in the Collective Agreement, which it found Article 10 and not Article 8 to be governing. Dissenting opinions emphasized the need for fair reasons and procedures for termination, considering statutory changes in the Labour Act designed to protect employees from arbitrary dismissals.
MAJORITY OPINION
KULENDI JSC:
1. We have before us an appeal against the judgment of the Court of
Appeal dated the 14th of April, 2022 which affirmed the ruling of the
National Labour Commission (hereinafter referred to as “the
Commission”) delivered on the 15th of September 2020, wherein the Commission declared as unfair, the termination of one Margaret
Jacqueline Adjimah, a field service representative formerly in the
employ of the Appellant company.
2. The generally agreed facts that birthed this appeal are that, on the
4th of May, 2018, one Margaret Jacqueline Adjimah, then a Field Service
Representative employed by the Appellant, was issued with a letter of
termination. The said letter, which was to take immediate effect,
brought to an end her employment with the Appellant and authorized
the payment to her, of one month’s salary in lieu of notice.
3. Due to the nature of the contentions of the respective parties, and
the relevant legal principles implicated in the instant suit, it is essential
that we reproduce extensive relevant portions of this letter:
“4th May 2018
Dear Margaret,
TERMINATION OF EMPLOYMENT – Field Service Representative –
Drilling Fluids
We write to inform you that we have terminated your employment
with Halliburton International Inc, Ghana Branch. The termination of
your employment is effective as of today, 4th May 2018.
Under your employment contract and the Collective Bargaining
Agreement, we are required to give you one month's notice of
termination or one month's salary in lieu of notice. We hereby give
you one (1) month's salary in lieu of notice to terminate your
employment.
As required by law, the Company will pay you any outstanding
remuneration, inclusive of your benefits, as per the attached
termination package.
Please, return all documents and copies concerning the Company's
business and confidential customer and Company disclosures
acquired during your employment with the Company. And kindly
return all Company property in your possession. ”
This letter can be found on page 105 of the Record of Appeal.
4. On the 7th of May 2018, upon being notified of this development, the
General Transport, Petroleum & Chemical Workers Union Of Trade Union
Congress (GTPCWU), the Respondent herein, wrote to the Appellant to
request the Appellant company to furnish them with details of what
happened during the course of Margaret Adjimah’s work “that warranted
the termination” and also the proc