[2011]DLCA3068May 27, 2011Court of Appeal

ASHANTI GOLDFIELDS COMPANY vs. ALEX OPOKU AND OTHERS

IN THE SUPERIOR COURT OF JUDICATURE IN THE COURT OF APPEAL KUMASI, ASHANTI REGION-GHANA A D 2011 IRENE C DANQUAH JA The Defendant is a Mining Company operating in Obuasi and other places. Opoku, the 1st Plaintiff and three others until 12th December 1997 when they received letters terminating their appointment, worked in various capacities in the Defendant’s Mines at Obuasi. The 1st, 2nd and 3rd Plaintiffs were Machine (Wagner) Drivers whilst the 4th Plaintiff was a Blastman. The termination of the plaintiffs took retrospective effect from 14th November 1997. The contractual relationship between the Plaintiffs and the Defendant is governed by the Collective Bargaining Agreement [CBA] & Conditions of Service for Junior Staff as associated with the Ghana Mine Workers Union. The facts antecedent to the commencement of the instant action are that on 5th September 1997, one Abraham Adjei, a Senior Blastman working with the same gang as the Plaintiff died underground. The Defenda.....