SEYRAM AHIABOR & 8 ORS VS RANCARD SOLUTIONS

INTRODUCTION

Per their amended writ of summons and statement of claim, the plaintiffs sought the following reliefs against the defendant:

a) A declaration that on the 20th day of January 2017, the defendant had evinced its intention to restructure its organization and communicated same to the plaintiffs.

b) A further declaration that per the email sent to the plaintiffs by the defendant, dated 20th January, 2017, defendant was indeed and in fact going to undertake a restructuring exercise.

c) A declaration that the termination of the plaintiffs’ employment on the respective dates as appeared on the letters of termination was as a result of the restructuring exercise to be undertaken by the defendant company as communicated to them per the email dated 20th January, 2017.

d) A declaration that the termination of the plaintiffs’ appointment by Defendant Company amounts to constructive redundancy.

e) A further declaration that upon the said constructive redundancy, plaintiffs are entitled

to severance payments to be negotiated by the parties.

f) A declaration that best practice in like industries make severance payment of three (3) months’ salary for every computed year of service to its redundant workers.

g) An order of the court directed at the defendant to pay to the plaintiffs severance payment of three months salary for each year of service rendered to the defendant and or where service rendered fell short of a particular year, the said amount should be pro-rated.

h) Interest at the prevailing commercial bank interest rate on the said amount from the date of termination as appeared on the respective letters of termination till the date of final payment.

The plaintiffs originally filed their suit on the 17th of July, 2017 and their number was originally ten. However on the 13th of January, 2022, the plaintiffs amended their writ to exclude Martin Mensah, (the 8th plaintiff) and therefore the number of plaintiffs reduced from ten to nine.

The defendant denied liability for the claims of the plaintiffs and insisted that the plaintiffs were not entitled to any of claims endorsed on the writ of summons and statement of claim.

At the close of pleadings the court set down for determination, the following issues inclusive of an additional issue filed by the defendant;-

1. Whether or not the defendant has had series of meetings with the plaintiffs in which plaintiffs were informed of the defendant’s intention to restructure the company?

2. Whether o