[2023]DLSC16119 • May 17, 2023 • Supreme Court •
FREDRICK ABBAN & 9 ORS vs. TAKORADI FLOUR MILLS COMPANY LIMITED
Plaintiffs, engaged as loaders by Defendant, claimed to be permanent employees entitled to SSNIT contributions and other benefits. Defendant contended Plaintiffs were independent contractors or casual workers organized in gangs, with no employment relationship. Plaintiffs worked for periods ranging from 10 to over 30 years, receiving payment per bag loaded, medical treatment, food, and transportation. A Regional Labour Officer issued a situational report denying employment relationship, which Plaintiffs challenged as void. Plaintiffs sought declaration of permanent employment status, payment of SSNIT contributions, and compensation before outsourcing loading work.
read moreJUDGMENT MAJORITY OPINION AMADU JSC:- INTRODUCTION: (1) The ascription of a “worker” or “employee” at the workplace or in an employment respectively, carries with it various legal incidents. The employed is placed in a status of benefit in terms of being entitled to be remunerated for work done or enjoy such entitlements that come with the contract of employment. Statutorily also, the employer is mandated to contribute to the social security benefits of the employee to the appropriate state agency. Conversely, the worker or employee may be liable for any breach of the contract of employment. Correspondingly, the employer is advantaged with the use of the employee for purposes of the employment as defined per the contract of employment. However, the employer could be vicariously liable for any negligence committed by the worker/employee in the course of his/her employment. In all of these situations, the law is will not necessarily infer the relationship merely upon al...