[2008]DLCA6735 • December 4, 2008 • Court of Appeal
ISAAC ODURO & 39 ORS vs. BEVERAGE INVESTMENT
MRS. ABBAN, J.A. This appeal from the judgment of the High Court, Accra, delivered on the 5th day of May 2004. The Plaintiffs {hereinafter referred to as the Appellants} lost the suit and being dissatisfied have appealed against same to this court. The Plaintiffs in their writ of summons claimed: a. A declaration that the purported termination of their appointments infringes Act 47 of the Defendant’s Collective Bargaining Agreement. b. An order for the payment to the Plaintiffs of all entitlements including their Provident Fund. c. General damages for wrongful termination. In their statement of claim, the Plaintiffs averred that during the pendency of their employment, the Defendant {hereinafter referred to as the Respondent}, in an effort to boost up production, encouraged the Appellants to work overtime. Nevertheless, their earnings for the overtime hours worked were most often wrongly calculated due to the defect in the clocking machine resulting in underpayments. .....