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OPARE YEBOAH & 8 ORS V. BARCLAYS BANK GHANA LIMITED

(2010) JELR 68499 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/9/2010  •  26 May 2010  •  Ghana

Coram
WOOD (MRS) CJ (PRESIDING), OWUSU (MS) JSC, DOTSE JSC, GBADEGBE JSC, AKOTO-BAMFO (MRS) JSC

Judgement

JUDGEMENT

WOOD (MRS), CJ.

The salient facts leading to the institution of the action, from which this appeal culminates, are indeed quite simple. The 1st-8th appellants worked at various branches of the respondent bank as employees; and served also as local union executives of the 9th appellants, the Industrial and Commercial Workers Union. On the 26th February, 2008, the respondent bank, purportedly acting under article 17 of the collective bargaining agreement (CBA) between themselves and their employees, issued out letters to the 1st–8th appellants, dismissing them retrospectively from their employment, that is, from the 11th January, 2008, the date on which the respondent put them on notice of summary dismissal; viz, notice of the bank’s intention to dismiss them without pay in lieu of notice. The respondents’ action was triggered by an alleged illegal activity instigated by the 1st -8th appellants, working in concert with others, on the 14th of November, 2007. The alleged actions a…

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