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EMMANUEL KOFI KUMI & 3 ORS V. GHANA AGRO FOOD COMPANY

(2008) JELR 68749 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/233/2006  •  14 Feb 2008  •  Ghana

Coram
ARYEETEY J.A. (PRESIDING), BAFFOE BONNIE J.A., YAW APPAU J.A

Judgement

JUDGMENT

ARYEETEY, J. A.

By their writ of summons the plaintiffs/appellants claim the following reliefs:

(a) A declaration that the dismissal of the plaintiffs from the employment of the defendant company or the purported termination of the contract of employment between the plaintiffs and the defendant on or around the 1st of December 2003 was unlawful, wrongful and ultra vires the Collective Bargaining Agreements.

(b) An order for the restoration to the plaintiffs of their salaries, benefits, entitlements and other emoluments wrongfully withheld or forfeited during the period of wrongful dismissal, including an order for negotiation for payments of all redundancy benefits due.

(c) General damages for wrongful termination of employment and loss of service.

The plaintiffs/appellants base their claim on the following alleged facts: On the 1st of December 2003 the defendant company embarked upon illegal lockout as defined by the Industrial Relations Act, 1965 (Act 299) by locking out its empl…

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