ISAAC K. KOBI _ 24 OTHERS v. GHANA MANGANESE COMPANY LTD
2004
COURT OF APPEAL
GHANA
CORAM
- Twumasi, J.A. [Presiding]
- Aninakwa, J.A.
- Quaye, J.A
Areas of Law
- Employment Law
- Contract Law
- Evidence Law
- Civil Procedure
- Tort Law
2004
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (Quaye, J.A., with Twumasi, J.A. and Aninakwa, J.A. concurring) addressed an appeal by twenty-five former employees of Ghana Manganese Company Limited (GMC) arising from a workplace demonstration on 19 May 1999. GMC closed the mine following the protest, then issued a circular rescinding closure and requiring workers to complete a declaration of confidence and loyalty to facilitate reopening. Evidence indicated all but two workers completed the forms, yet GMC terminated about twenty-eight workers, including appellants, and issued certificates noting they were not re-admitted after the May closure. The court found that some appellants did not participate in the protest and that identification evidence was weak. Nevertheless, the dispositive analysis held the employer effected terminations, not summary dismissals, and under Article 10902 of the collective agreement and Ghanaian employment law (including ARYEE), employers may terminate by notice or payment in lieu without assigning reasons, provided entitlements are paid. The defamation claim failed, and the appeal was dismissed.
JUDGMENT
QUAYE, J.A.
Before the 19th May,1999, the plaintiffs/appellants herein enjoyed the rights and privileges and performed the obligations that attached to their respective positions as employees of the defendant/respondent company.
The said date however witnessed a monumental shift in their relationship and drastically plunged them into an uncertain and shaken future with their employers.
The significant event of 19th May, 1999 was a demonstration or strike action embarked upon by the workers. The actual event has been variously described and qualified. While the workers of the defendant company described it as peaceful, the defendant company in official terms classified it as violent. In the wake of the demonstration, the respondent company took two significant steps. In the first place they closed down the mines; and then after a space of three and a half weeks or there about caused the workers, or in any event, those of them who were disposed to continue to be in the employment of the respondent company to execute a "declaration of renewal of confidence and loyalty to GMC/MANAGEMENT" as a condition for re-opening of the mine. The said declaration form which was dated on 31st May, 1999 was tendered in evidence in the trial court as exhibit 'D'. On the same date, a circular notice had been issued, once again emanating from the respondent company, and judging by its contents, a deduction can be made that it preceded or was meant to forerun exhibit 'D'. For ease of reference and effect, exhibit 'C' is hereby reproduced in extract only.
"CIRCULAR. 31st May, 1999. Following the meeting held between the Ghana Mines Workers Union, the Senior Staff Association Executives and Management of the Ghana Manganese Company Limited, at the request of the Ministry of Employment and Social Welfare, on 31st May, 1999, Management wishes to inform all workers that it has rescinded its decision to close down the company and dismiss all the workers.
Consequently, workers who wish to continue their employment with the Ghana Manganese Company Limited and are prepared to abide by the Rules and Regulations of the company are advised to collect declaration forms between 10.00 hours and 17.00 hours each day from the District Labour Office at Tarkwa, whose office is temporarily located at the Nsuta Police Station.
All such completed declaration forms should be returned through the District Labour Office for consideration not later than 10.00 hours on Thursday, 3rd June 1