[2010]DLCA7851 • March 25, 2010 • Court of Appeal
K5510 CHRISTOPHER AGBOZO, K5019 ELIAS KWADJO ADJABENG, F0092 JOHN KENNEDY NANOR AND 05411 ASARE DANQUAH BISMARK AND 294 OTHERS (PLAINTIFFS/APPELLANTS) vs. AKOSOMBO TEXTILES LIMITED (DEFENDANT/ RESPONDENT)
AYEBI J.A. The plaintiffs/appellants, numbering about 298 were employees of the defendant/respondent. On 6th September 1999, defendant terminated their appointment. The plaintiffs therefore sued the defendant for the following reliefs:- (a) Damages for wrongful dismissal. (b) Damages for violation of fundamental human right to form or join a union of their choice. (c) Damages for unfair labour practice. (d) Damages for wrongful lockout. After a laborious trial, the High Court in its judgment on 16th November 2004 dismissed plaintiffs’ claim and entered judgment in favour of defendant. Aggrieved by the judgment, the plaintiffs appealed against it on the following grounds:- (i) That the judgment was against the weight of evidence adduced at the trial. (ii) That the court erred in law when it held that defendant lawfully terminated the employment of the plaintiffs by its letter of termination dated 6th September 1999, when as far back as 26th August 1999, the defendant had re.....