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CLEMENT AGBESI & 4194 ORS V. GHANA PORTS & HARBOURS AUTHORITY

(2008) JELR 92131 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/20/2007  •  16 Apr 2008  •  Ghana

Coram
MISS AKUFFO, J.S.C. (PRESIDING), BROBBEY, J.S.C., ANSAH, J.S.C., ANINAKWAH, J.S.C., ASIAMAH, J.S.C.

Appearances
Adaare for the Appellants; Nartey-Tetteh for the Respondent.

Judgement

JUDGMENT

ANSAH, J.S.C.

This is an appeal against the majority judgment of the Court of Appeal allowing the appeal against the judgment of the High Court, Tema. 

The facts that culminated in this appeal were that the plaintiffs, former employees of the defendant authority, sued out a writ of summons claiming: 

a) “Damages for the breach of the provisions of the Collective Bargaining Agreement between the parties.

b) An award of compensation by the Court to the plaintiffs to be paid by the defendant for its illegal/unlawful conduct in keeping the plaintiffs as casual workers, and breaching plaintiff’s economic rights under the 1992 Constitution and also discriminating against the plaintiffs contrary to the provisions of the 1992 Constitution.

c) An order that the same compensation packages given to various categories of permanent employees as employees as compensation for the severance of employment resulting from the same re-organization of the defendant be made applicable to the plaintiffs,…

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