ANGLOGOLD ASHANTI GH. LTD. vs. AGA 2006 EARLY RETIREES ASSOCIATION SUING PER SAMUEL BOADU & 85 OTHERS

TORKORNOO (MRS.) JSC:- Background to the Dispute The dispute between the parties in this case arises from both factual and legal grounds. In 2006, it became necessary for the defendant/appellant/appellant (the defendant) to undertake a reorganization of the operations at its mines in Ghana. The reorganization involved shedding off some of its work force so it obtained statutory approval from the Labor Department and proceeded to hold meetings with the workers’ representatives on the modalities of the retrenchment exercise. The dispute raised by the plaintiff in substance is about what was agreed at the meetings of the defendant and the workers’ representative and whether that is what was implemented by the defendant or a different arrangement was wrongfully and unlawfully implemented. A collateral dispute in law was raised by the defendant. The defendant raised the contention that the plaintiff endorsed on the writ was not clothed with capacity to sustain the action and furth...