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BENJAMIN ARYEE & 691 ORS. V. COCOA MARKETING COMPANY

(2017) JELR 68842 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/11/2017  •  29 Nov 2017  •  Ghana

Coram
ADINYIRA JSC (PRESIDING), DOTSE JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC, AKOTO-BAMFO JSC

Judgement

JUDGEMENT

ADINYIRA, JSC

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 c…

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