[2018]DLCA5340 • October 18, 2018 • Court of Appeal
OPARE YEBOAH AND 7 OTHERS vs. BARCLAYS BANK OF GHANA LTD.
The plaintiffs, local union executives of the Industrial and Commercial Workers Union (ICU) at Barclays Bank Ghana Ltd, were summarily dismissed on 26 February 2008 for allegedly instigating and supporting an illegal strike in breach of the Labour Act, 2003 (Act 651) and the Collective Bargaining Agreement (CBA). The plaintiffs denied the charges, claiming victimization for union activities and initiated legal proceedings challenging the dismissal and seeking damages and injunctions. After dismissal of their initial suit by the High Court, Court of Appeal, and Supreme Court, the plaintiffs filed a subsequent suit seeking entitlements and damages related to their dismissal, which is the subject of this appeal.
read moreAYEBI, JA 1. The remote cause of this suit can be traced to the events of 14th November, 2007. The plaintiffs/appellants (hereinafter called plaintiffs) were local union executives of the Industrial and Commercial Workers Union of the staff of the defendant/respondent (hereinafter called defendant). On 14th November 2017, the plaintiffs/appellants were alleged to have declared, instigated, incited, led or supported others to embark on an illegal strike in contravention of the Labour Act, 2003 (Act 651) and the Collective Bargaining Agreement (CBA) between the defendant and its employees. For the alleged contravention, the defendant on 11th January 2008, served each of the plaintiffs notice of its intention to dismiss them. Accordingly, pursuant to Article 17 of the CBA, the defendant summarily dismissed each of the plaintiffs on 26th February, 2008. 2. The plaintiffs denied the charges leveled against them by the defendant. It was the case of the plaintiffs that their dismissal was a...