[2024]DLSC17444 • March 27, 2024 • Supreme Court •
GENERAL TRANSPORT, PETROLEUM & CHEMICAL WORKERS’ UNION OF TRADES UNION CONGRESS vs. HALLIBURTON INTERNATIONAL INCORPORATED GHANA BRANCH
Margaret Jacqueline Adjimah, employed as a Field Service Representative by Halliburton International Ghana Branch, was terminated on 4 May 2018 with one month's salary in lieu of notice. The General Transport, Petroleum & Chemical Workers' Union (GTPCWU) challenged the termination, alleging unfair dismissal due to non-compliance with disciplinary procedures under the Collective Bargaining Agreement (CBA). The employer contended the termination was lawful under the contract and CBA provisions allowing termination with notice or payment in lieu without assigning reasons.
read moreRULING MAJORITY OPINION KULENDI JSC: 1. We have before us an appeal against the judgment of the Court of Appeal dated the 14th of April, 2022 which affirmed the ruling of the National Labour Commission (hereinafter referred to as “the Commission”) delivered on the 15th of September 2020, wherein the Commission declared as unfair, the termination of one Margaret Jacqueline Adjimah, a field service representative formerly in the employ of the Appellant company. 2. The generally agreed facts that birthed this appeal are that, on the 4th of May, 2018, one Margaret Jacqueline Adjimah, then a Field Service Representative employed by the Appellant, was issued with a letter of termination. The said letter, which was to take immediate effect, brought to an end her employment with the Appellant and authorized the payment to her, of one month’s salary in lieu of notice. 3. Due to the nature of the contentions of the respective parties, and the relevant legal principles implic...