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ISAAC K. KOBI & 24 ORS v. GHANA MANGANESE CO. LTD

July 19, 2006

SUPREME COURT

GHANA

CORAM

  • ATUGUBA, J.S.C.(PRESIDING)
  • PROF. OCRAN, J.S.C.
  • MRS. WOOD, J.S.C.
  • ANSAH, J.S.C.
  • ASIAMAH, J.S.C

Areas of Law

  • Employment Law
  • Contract Law
  • Civil Procedure
  • Evidence Law
  • Tort Law

AI Generated Summary

This Supreme Court appeal arises from Ghana Manganese Company Limited’s refusal to re-engage certain employees after a workplace demonstration triggered closure of the mine. Following interventions by the Ministry for Employment and Social Welfare and the National Mineworkers Union, all workers were directed to sign declarations of confidence in management and re-apply; some were reinstated but the appellants were rejected. The company cited a generalized “loss of confidence” and alleged involvement in the demonstration, despite evidence that several appellants were on leave, pregnant, or off shift, and that demonstrators wore masks. The High Court and Court of Appeal dismissed the workers’ claims, but the Supreme Court held the termination wrongful because management failed to follow the collective agreement’s disciplinary and termination procedures and did not give contemporaneous notice or pay in lieu. The Court allowed the appeal, set aside both judgments, awarded damages for wrongful termination, and affirmed dismissal of defamation.