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JOSEPH KOBEAH & 39 ORS v. TEMA OIL REFINERY & ORS

2004

SUPREME COURT

GHANA

CORAM

  • KPEGAH, J.S.C. (PRESIDING)
  • ATUGUBA, J.S.C.
  • AKUFFO, J.S.C.
  • DR. TWUM, J.S.C.
  • PROF. KLUDZE, J.S.C

Areas of Law

  • Employment Law
  • Contract Law

AI Generated Summary

The Supreme Court of Ghana decided a labor dispute arising from the termination of 119 unionized workers at Tema Oil Refinery after a week-long occupation and disruption in late September and early October 1990. Evidence described workers blocking the Administration Block, surrounding offices with drums and war songs, stoning a vehicle, and rendering the refinery ungovernable until security agencies intervened. Management issued uniform termination letters invoking Article 4(vii) of the 1987 Collective Agreement, paying all entitlements and one month’s salary in lieu of notice, without stating reasons. Writing for the Court, Dr. S. Twum held that Article 4(vii) forms part of each worker’s contract and contains no requirement to assign reasons for termination; the 1987 Agreement superseded the 1984 Agreement. Justice Atuguba concurred, reasoning that reading Article 21(4) into Article 4(vii) would defeat the mutual right of termination. The appeal was dismissed.