BENJAMIN ARYEE & 691 ORS. vs. COCOA MARKETING COMPANY [2017]DLSC3445

Date	2017-11-29
Suit No.	CIVIL APPEAL NO. J4/11/2017
Citation No.	[2017]DLSC3445

ADINYIRA JSC (PRESIDING)

DOTSE JSC

BAFFOE-BONNIE JSC

GBADEGBE JSC

AKOTO-BAMFO JSC

ALBERT ADARE FOR THE PLAINTIFFS/RESPONDENTS/APPELLANTS

JOHANES VEGBA FOR THE DEFENDANT/APPELLANT/RESPONDENT

[2017]DLSC3445
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													<main id="main" class="content" style="min-height: 60rem" >BENJAMIN ARYEE &amp; 691 ORS.<o:p></o:p>vs.<o:p></o:p>COCOA MARKETING COMPANY<o:p></o:p>&nbsp;[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL
APPEAL NO. J4/11/2017&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 29TH NOVEMBER, 2017<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>ALBERT ADARE FOR THE PLAINTIFFS/RESPONDENTS/APPELLANTS<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JOHANES
VEGBA FOR THE DEFENDANT/APPELLANT/RESPONDENT<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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ADINYIRA
JSC (PRESIDING), DOTSE JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC, AKOTO-BAMFO JSC <o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDGEMENT<o:p></o:p>

</div>ADINYIRA,
JSC:-<o:p></o:p>This an appeal filed on 13 March 2015 against the
judgment of the Court of Appeal dated 26 February 2015. The facts briefly are that
Benjamin Aryee and 691 others, the Plaintiffs/Respondents/Appellants
(Plaintiffs) were employed sometime in May 2002 by the Cocoa Marketing Company,
the Defendant/ Appellant/ Respondent (Defendant) to work as cocoa carriers,
tarpaulin handlers, cleaners and to sew cocoa bags. The basis of the
Plaintiffs’ claim, was that even though they had worked continuously for over 4
years as employees of the Defendant at its Tema branch, the Defendant had
treated them as casual workers and had paid them wages instead of salaries, and
had also conducted its affairs with them in a manner that denied them their
economic rights under the 1992 Constitution and contrary to the terms of a
Collective Bargaining Agreement (CBA) that the Industrial and Commercial
Workers Union (ICU) had negotiated on their behalf with the Defendant on
1January 2005. They claimed that eventually, their employment with the
Defendant had on the 31st of December, 2006, been terminated in a
manner inconsistent with their status as junior staff or employees of the
company.<o:p></o:p>The Defendant denied the Plaintiffs were its
employees and claimed the Plaintiffs were casual workers engaged by their gang
leaders on a daily basis, depending on the availability of work. The Defendant
added that none of the Plaintiffs worked continuously for over 6 months as
alleged. The Defendant claimed it exercised its right under the CBA not to
continue with the CBA after its expiration on 31 December 2006.<o:p></o:p>The writ of summons that was filed in the Human
Rights Division of the High Court, Accra, on the 23rd of December,
2009, was amended on the 11th of July, 2012, by which, the
Plaintiffs claimed against the Defendant as follows:<o:p></o:p>(a)
Damages for breach of the plaintiffs’ economic rights guaranteed under article
24(1) of the 1992 Constitution and discrimination against the plaintiffs
contrary to article 17 of the 1992 Constitution.<o:p></o:p>(b) A
declaration that each plaintiff having worked for the defendant for a period of
over six (6) months was deemed in law to be a permanent employee of the
defendant at the date of the plaintiffs’ wrongful termination by the Defendant
on 31st December, 2006.<o:p></o:p>(c)
Damages for wrongful termination of employment.<o:p></o:p>(d)
Interest at the commercial bank rate on all monies found due and owing from the
defendant to the plaintiffs from the date of the wrongful termination of
plaintiffs’ employment, that is 31st December, 2006 up to and
inclusive of the date of final payment.<o:p></o:p>(e) Any
other relief as may be found due to the plaintiffs as the Court may deem fit.<o:p></o:p>(f) Costs
inclusive of legal fees.<o:p></o:p>The trial Court determined that the Plaintiffs
were employees of the Defendant, and that they were permanent employees and not
casual workers. The trial court held further that the Defendant had breached
the Plaintiffs’ economic rights, and that their employment was wrongfully
terminated by the Defendant.<o:p></o:p>