CLEMENT AGBESI & 4 ORS. vs. G.P.H.A. [20/4/2007] H1/161/2006

The plaintiffs, initially five named casual workers and others, were employed by the Ghana Ports and Harbours Authority (GPHA) as casual or non-permanent employees. They claimed to have worked continuously for periods ranging from one to ten years. The plaintiffs alleged that despite working beyond 154 continuous days stipulated in the Collective Bargaining Agreement (CBA) for conversion to permanent status, they were unlawfully kept as casual workers, discriminated against, and denied severance pay upon termination during a reorganization in September 2002. The defendant paid severance packages only to permanent employees and refused to accord similar benefits to the plaintiffs. The plaintiffs sought damages for breach of the CBA, compensation for unlawful treatment, and severance pay equivalent to permanent employees.

AKAMBA J.A. On 11th July 2003 a writ was issued in the High Court Tema by the plaintiffs/respondents (hereinafter referred as plaintiffs) against the Defendant/Appellant, Ghana Ports and Harbours Authority by five named plaintiffs and 'others'. The writ was accompanied by an 'addendum to writ' filed that same 11th July 2003. The addendum stated that 'a full and comprehensive, detailed list of all the plaintiffs will be supplied to the court subsequently'. The claims against the defendant were for: "(a) Damages for the breach of the provisions of the Collective Bargaining Agreement between the parties © sic. An award of compensation by the Court to the Plaintiffs to be paid by the defendant for its illegal/unlawful conduct in keeping the Plaintiffs as casual workers and breaching Plaintiffs economic rights under the 1992 Constitution and also discriminating against the Plaintiffs contrary to the provisions of the 1992 Constitution. © An order that the same compensation pac.....