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KOBEAH AND OTHERS V. TEMA OIL REFINERY; BOATENG AND OTHERS V. TEMA OIL REFINERY (CONSOLIDATED)

(2004) JELR 68323 (SC)

Supreme Court  •  29 Apr 2004  •  Ghana

Coram
KPEGAH JSC, ATUGUBA JSC, AKUFFO JSC, TWUM JSC, KLUDZE JSC

Judgement

JUDGEMENT

KPEGAH JSC.

I have had the benefit of reading beforehand, the opinion to be delivered by my brother Twum JSC. I agree with him. I have nothing useful to add.

ATUGUBA JSC.

I desire to make a brief contribution to the determination of this case. The battle is pitched mainly between articles 4(vii) and 21(4) of the 1987 collective agreement between the parties. Article 4(vii) provides as follows:

“All employees who have been confirmed in their employment shall be given one month’s notice on termination or pay in lieu and vice versa on resignation. In case of summary dismissal no notice shall be given.”

Article 21(4) on the other hand provides as follows:

“(4) One of the following reasons may justify the termination of the employment or the dismissal of the employee ...”

A litany of reasons, which it is not necessary to set out, then follows.

The appellants were terminated under article 4(vii) of the collective agreement. Counsel however contends that both articles 4(vii) and 21(4)…

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