Aboagye and Others Vrs Attorney General and Another [2016] GHASC 67 (24 February 2016)

Aboagye and Others Vrs Attorney General and Another [2016] GHASC 67 (24 February 2016)

The plaintiffs failed to prove they were permanent employees of Black Star Line as required by law, lacking written contracts for employment exceeding six months. The evidence showed they were engaged per voyage and not as regular employees. The statutes relied upon by plaintiffs (Act 645 and Act 651) were not applicable retroactively. Therefore, their claims for compensation as ex-employees failed.

Citation
[2016] GHASC 67
Parties
Plaintiff/respondent/appellant: Alex Aboagye; Plaintiff/respondent/appellant: Moses Essien & 257 Others; 1st Defendant: The Attorney-General; 2nd Defendant/appellant/respondent: The Official Liquidator
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
24 February 2016
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Employment Status, Liquidation, Seafarers' Contracts, Statute of Frauds, Retroactivity of Statutes
Source Language
English
Labour Law Company Law Employment Status Liquidation Seafarers' Contracts Statute of Frauds Retroactivity of Statutes

Case Brief

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Parties

Alex Aboagye

Plaintiff/respondent/appellant

Moses Essien & 257 Others

Plaintiff/respondent/appellant

The Attorney-General

1st Defendant

The Official Liquidator

2nd Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the plaintiffs were permanent employees of Black Star Line and entitled to compensation upon liquidation
  2. 2 Whether the absence of written contracts invalidated their claims under applicable law
  3. 3 Whether statutes enacted after the events could apply retroactively

Ratio Decidendi

The plaintiffs failed to prove they were permanent employees of Black Star Line as required by law, lacking written contracts for employment exceeding six months. The evidence showed they were engaged per voyage and not as regular employees. The statutes relied upon by plaintiffs (Act 645 and Act 651) were not applicable retroactively. Therefore, their claims for compensation as ex-employees failed.

Court Disposition

appeal dismissed