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OPARE YEBOAH AND 7 OTHERS V. BARCLAYS BANK OF GHANA LTD.

(2018) JELR 65777 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/70/2018  •  18 Oct 2018  •  Ghana

Coram
E. K. AYEBI JA (PRESIDING), DENNIS ADJEI JA, S. G. SUURBAAREH JA

Appearances
MR. THOMAS WARD-BREW FOR PLAINTIFFS/APPELLANTS,MR. CHARLES HAYIBOR FOR DEFENDANT/RESPONDENT

Judgement

AYEBI, JA

1. The remote cause of this suit can be traced to the events of 14th November, 2007. The plaintiffs/appellants (hereinafter called plaintiffs) were local union executives of the Industrial and Commercial Workers Union of the staff of the defendant/respondent (hereinafter called defendant). On 14th November 2017, the plaintiffs/appellants were alleged to have declared, instigated, incited, led or supported others to embark on an illegal strike in contravention of the Labour Act, 2003 (Act 651) and the Collective Bargaining Agreement (CBA) between the defendant and its employees. For the alleged contravention, the defendant on 11th January 2008, served each of the plaintiffs notice of its intention to dismiss them. Accordingly, pursuant to Article 17 of the CBA, the defendant summarily dismissed each of the plaintiffs on 26th February, 2008.

2. The plaintiffs denied the charges leveled against them by the defendant. It was the case of the plaintiffs that their dismissal was a vi…

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