[2006]DLSC6741 • July 19, 2006 • Supreme Court •
ISAAC K. KOBI & 24 ORS vs. GHANA MANGANESE CO. LTD.
The appellants were employees of Ghana Manganese Company Ltd. On 19 May 1999, some workers demonstrated against the apprehended termination of the company's resident doctor. The company closed down the mine the next day. Negotiations led to workers being asked to sign declarations of confidence in management as a precondition for readmission. The appellants complied but were rejected and dismissed. They claimed wrongful dismissal and defamation. The trial and Court of Appeal dismissed their claims. The appellants contended the dismissals were unlawful and contrary to the collective bargaining agreement procedures.
read moreATUGUBA , J.S.C. The appellants were employees of the respondent company. Their terms of employment were, inter alia, set out in a collective Bargaining Agreement, exhibit AA. On the 19th day of May 1999 some of the respondent's workers went on a demonstration on its premises against the apprehended termination of the employment of the company's resident doctor. Next day the workers found per notices to that effect, that the company had been closed down. Negotiations ensued between the Ministry for Employment and Social Welfare, representatives of the National Mineworkers Union, the workers and management of respondent. Consequently the appellants and the rest of the workers were asked to sign declarations of confidence in the management as a precondition for "re-adminission".[sic] They did so but were rather issued with letters of rejection. Hence the action. The appellants' claims were dismissed both by the trial High Court and the Court of Appeal. The appellants contend inte...