[2004]DLSC994 • April 29, 2004 • Supreme Court •
KOBEAH AND OTHERS V TEMA OIL REFINERY; BOATENG AND OTHERS vs. TEMA OIL REFINERY (CONSOLIDATED)
The appellants, members of the General Transport Petroleum and Chemical Workers Union, were employed by Tema Oil Refinery (TOR). Following a series of union meetings and a workers' takeover of the refinery involving intimidation and obstruction of management, the respondent terminated the appellants' employment by letters dated 29 October 1990, paying entitlements including one month's salary in lieu of notice as per the collective agreement. The appellants claimed wrongful termination, arguing no reasons were assigned and no disciplinary procedures followed.
read moreJUDGEMENT Kpegah JSC. I have had the benefit of reading beforehand, the opinion to be delivered by my brother Twum JSC. I agree with him. I have nothing useful to add. Atuguba JSC. I desire to make a brief contribution to the determination of this case. The battle is pitched mainly between articles 4(vii) and 21(4) of the 1987 collective agreement between the parties. Article 4(vii) provides as follows: “All employees who have been confirmed in their employment shall be given one month’s notice on termination or pay in lieu and vice versa on resignation. In case of summary dismissal no notice shall be given.” Article 21(4) on the other hand provides as follows: “(4) One of the following reasons may justify the termination of the employment or the dismissal of the employee ...” A litany of reasons, which it is not necessary to set out, then follows. The appellants were terminated under article 4(vii) of the collective agreement. Counsel however contends that both arti...