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

Dr. Poku Adusei, J.A.

The plaintiffs, as former employees of the defendant, took out an amended writ of summons/statement of claim against the defendant on 11th June 2024 seeking the following reliefs:

a. Declaration that the negotiated agreement collectively entered into between the defendant and the plaintiffs’ Labour Union that had 30th September 2013 as the date for commencement of the said retrenchment is valid, binding etc.
b. Declaration that the defendant is bound by the agreement collectively negotiated and executed from September 2013 to November 2014.
c. Declaration that plaintiffs are entitled to their full redundancy and/or retrenchment packages declared by the defendant.
d. An order directing the defendant to pay to the plaintiffs the full entitled redundancy and/or retrenchment packages declared by the company in the negotiated agreement having 30th September 2013 as the date to commence the retrenchment exercise.
e. Interest on the said amount from the date due to the date of final payment.
f. Legal fees for prosecuting the suit.
g. Any other relief(s) this Honorable Court may deem it.

OR IN THE ALTERNATIVE

a. A declaration that the redundancy exercise undertaken by the defendant was null and void and not in accordance with law.
b. A declaration that the plaintiffs by law are still validly employed by the defendant.
c. An order directed at the defendant to pay all outstanding salaries accrued to the plaintiffs

On the background facts, the dispute between the parties arose from retrenchment exercises undertaken by the defendant from September 2013 to November 2014. By the provisions of section 65(1) of the Labour Act, 2003 (Act 651), such redundancies and terminations of employment may occur when an employer contemplates the introduction of major changes in the production, programme, organisation, structure or technology of an undertaking. In such situations, the amount of redundancy payments and the terms and conditions of payment are matters which are subject to negotiations between the employer on the one hand and the worker or trade union concerned on the other. See section 65(4) of Act 651; Amoako v. Standard Chartered Bank [2013-2015] 2 GLR 377; Baiden & Ors v. Graphic Corporation [2007] 11 MLRG 33 SC; Agyabeng v. SSB Bank (Ghana) Ltd [2011] 40 GMJ 40 CA

According to the plaintiffs, the impugned retrenchment exercises resulted in the termination of their