PETER ESHUN & ORS vs. ANGLOGOLD ASHANTI (GHANA) LTD

Justice Dr. Poku Adusei, JA, dismissed a civil action brought by hundreds of former employees against their ex-employer arising from retrenchments carried out between September 2013 and November 2014. The plaintiffs sought declarations enforcing a collectively negotiated agreement, payment of full redundancy/severance and a special compensation package, or alternatively to invalidate the redundancy and reinstate employment with back salaries. The defendant asserted it negotiated the exercise with the Labour Department and the Ghana Mineworkers Union under a collective bargaining agreement and memoranda of understanding and fully paid entitlements. The court first addressed preliminary objections, finding the cause of action accrued in 2013–2014, thus the six-year limitation under NRCD 54 barred the 2023/2024 suit; resort to the National Labour Commission did not toll limitation, and alleged fraud was unproven. Evidence showed the NLC had already dismissed similar claims on their merits, so filing anew in the High Court, rather than appealing to the Court of Appeal, was an abuse of process. The action was dismissed in its entirety, with no order as to costs.