RALPH K. AVORNYO & 3 ORS vs GHANA BROADCASTING CORPORATION
2024
HIGH COURT
GHANA
CORAM
- CHARITY A. ASEM (MRS.) J.
Areas of Law
- Civil Procedure
- Employment Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiffs, retired employees of Ghana Broadcasting Corporation, sought Service Packages Awards and various benefits per their Collective Bargaining Agreement, which were denied by the defendant. The defendant then filed for a Stay of Proceedings citing conflicting judgments in similar past cases and a pending appeal that could impact the current case. Highlighting the need for judicial efficiency and clarity, the High Court agreed to stay the trial pending the appellate decision on the interpretation of the agreement.
The plaintiffs described themselves as employees of the Ghana Broadcasting Corporation and have all retired from defendant’s employment at different dates.
According to these plaintiffs as contained in their Collective Bargaining Agreement between the employees and defendant, they were entitled to Service Packages Awards and Transport Grants and or End of Service Benefits and or Long Service Awards on their retirement from the employment of the defendant.
According to the plaintiffs after their retirement they have made repeated demands on defendant to honour its obligation but they persistently failed and refused thereby causing untold hardships, frustration and inconvenience to them; hence this action.
Defendant on the other hand upon entering appearance filed a defence dated the 17/06/2019. They denied plaintiffs’ claims forcefully.
On the 27/06/2023 the defendant filed a Motion for Stay of Proceedings on the bases that; prior to the filling of plaintiffs’ case, the defendant had completed trials in the cases of Johnson Adu & Ors.
Vs. Ghana Broadcasting Corporation (Suit No. HR/072/2019) and Festus Allotey Vs. Ghana Broadcasting Corporation (Suit No. H/62/2019) where the opinions of the courts, differently constituted differ significantly.
It is defendant’s case that since the same High Court but differently constituted, had interpreted the Collective Bargaining Agreement between the Defendant/Applicant and the Plaintiffs/Respondents differently, there was the need to seek an appellate opinion.
It is further canvassed that the defendants have appealed against the judgment of the High Court in the Festus Allotey Vs. Ghana Broadcasting Corporation which appeal is pending yet to be heard.
According to defendants one of the core issues of the appeal which arises from the Festus Allotey Vs. Ghana Broadcasting Corporation judgment was whether the article in the Ghana Broadcasting Corporation imputing the obligation on the part of the defendant to pay Long Service Award (LSA) was Legal or not.
Counsel submitted that the outcome of the appeal would have a legal effect on the present plaintiffs’ case and reliefs sought.
They prayed therefore the proceedings herein be stayed pending the determination of the appeal.
The application was opposed.
I have studied the application from both sides based on the affidavit evidence presented.
Though the defendant denies the pendency of any appeal process in the manner alluded to by the defendant, Exhibit ‘GCB 1