EMMANUEL KOFI KUMI & 3 ORS vs. GHANA AGRO FOOD COMPANY

The plaintiffs/appellants were employees of Ghana Agro Food Company (GAFCO) who were dismissed on or around 1 December 2003 following industrial unrest involving the Human Resources Manager, Mr. Frank Ocran. The company alleged that the employees engaged in violent acts including flying red flags, sounding sirens, damaging company property, assaulting Mr. Ocran, and refusing to work until he was dismissed. The plaintiffs contended that their dismissal was unlawful, wrongful, and ultra vires the Collective Bargaining Agreements (Senior Staff and Junior Staff CBAs). A Memorandum of Understanding (MOU) was later negotiated and signed by representatives of both parties and witnessed by the Minister for Manpower Development and Employment, which effectively cancelled the dismissal and provided for reemployment of some workers and temporary layoff of others with first option of reemployment as company fortunes improved.

ARYEETEY, J. A. By their writ of summons the plaintiffs/appellants claim the following reliefs: (a) A declaration that the dismissal of the plaintiffs from the employment of the defendant company or the purported termination of the contract of employment between the plaintiffs and the defendant on or around the 1st of December 2003 was unlawful, wrongful and ultra vires the Collective Bargaining Agreements. (b) An order for the restoration to the plaintiffs of their salaries, benefits, entitlements and other emoluments wrongfully withheld or forfeited during the period of wrongful dismissal, including an order for negotiation for payments of all redundancy benefits due. (c) General damages for wrongful termination of employment and loss of service. The plaintiffs/appellants base their claim on the following alleged facts: On the 1st of December 2003 the defendant company embarked upon illegal lockout as defined by the Industrial Relations Act, 1965 (Act 299) by locking out its...