March 27, 2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Halliburton International Inc., Ghana Branch terminated the employment of its field service representative, Margaret Jacqueline Adjimah, by letter dated 4 May 2018, effective immediately, paying one month’s salary in lieu of notice under her contract and a collective agreement. The General Transport, Petroleum & Chemical Workers Union challenged the termination before the National Labour Commission, which declared it unfair and ordered one year’s salary. The Court of Appeal affirmed, reasoning that Article 8’s disciplinary procedures were mandatory and more beneficial. On further appeal, the Supreme Court majority, per Kulendi JSC, held that Article 8 governs disciplinary dismissals while Article 10 preserves termination-by-notice without reasons under section 17 of Act 651; there was no conflict to trigger section 105(4), and the union failed to prove statutory unfairness grounds under section 63. The Court allowed the appeal, set aside the lower decisions, and awarded GH¢5,000 costs. Asiedu JSC dissented and Baffoe-Bonnie JSC concurred in the dissent, urging that Act 651 requires reasons and adherence to collective procedures.
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