NANA YAW OSEI V. GHANAIAN AUSTRALIAN GOLDFIELD LTD.

JUDGMENT

MRS. WOOD, J.S.C.

The appellant, who was employed by the respondent company as a mine operator, was subsequently diagnosed with a cardiac disease and therefore retired on medical grounds.

Contending that his illness was occupational, in that it developed by reason of his work schedule as a heavy machine operator, he sued to recover what he thought he was entitled to under the section (c) of Article 11.09 of the Collective Bargaining Agreement (CBA), together with interest thereon.

Both the trial High Court and the Appeal Court, to which the respondents who, was clearly dissatisfied with the original decision turned to for redress, rightly in my view, identified only one key issue for determination. It was this: Whether or not the appellants medical condition was work related, or to put it in the language of the CBA, an occupational ill-health.

The trial court gave an affirmative answer to this question and consequently awarded him ¢12 million as damages. The Court of Appeal upon a…