Plange and Others Vrs Ghana Commercial Bank Ltd [2014] GHASC 157 (21 May 2014)

Plange and Others Vrs Ghana Commercial Bank Ltd [2014] GHASC 157 (21 May 2014)

The Supreme Court held that the Ghana Commercial Bank Special Pension Scheme, being non-contributory and supplementary to the statutory pension scheme, could be lawfully abrogated by the employer without reference to the Commissioner under section 24 of NRCD 127. The plaintiffs' cause of action, if any, accrued at the time of abrogation in 1990, and any contractual claim was statute barred after six years. The plaintiffs were not entitled to specific performance or payment under the abrogated scheme, and the lower courts erred in holding otherwise.

Citation
[2014] GHASC 157
Parties
Plaintiffs/respondents/respondents: Emmanuel C. Plange & 437 Others; Defendant/appellant/appellant: Ghana Commercial Bank Ltd.; Plaintiffs/respondents/respondents: Benjamin A. Boateng & 72 Others
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
21 May 2014
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal allowed; judgment of Court of Appeal set aside; plaintiffs' actions dismissed.
Legal Topics
Pension Scheme Abrogation, Statute of Limitations, Specific Performance, Breach of Contract, Interpretation of Pension Statutes
Source Language
English
Employment Law Contract Law Pensions Law Pension Scheme Abrogation Statute of Limitations Specific Performance Breach of Contract Interpretation of Pension Statutes

Case Brief

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Parties

Emmanuel C. Plange & 437 Others

Plaintiffs/respondents/respondents

Ghana Commercial Bank Ltd.

Defendant/appellant/appellant

Benjamin A. Boateng & 72 Others

Plaintiffs/respondents/respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the Ghana Commercial Bank Special Pension Scheme was lawfully abrogated
  2. 2 Whether the plaintiffs' claims were statute barred
  3. 3 Whether the plaintiffs were entitled to specific performance or other reliefs under the abrogated scheme

Ratio Decidendi

The Supreme Court held that the Ghana Commercial Bank Special Pension Scheme, being non-contributory and supplementary to the statutory pension scheme, could be lawfully abrogated by the employer without reference to the Commissioner under section 24 of NRCD 127. The plaintiffs' cause of action, if any, accrued at the time of abrogation in 1990, and any contractual claim was statute barred after six years. The plaintiffs were not entitled to specific performance or payment under the abrogated scheme, and the lower courts erred in holding otherwise.

Court Disposition

Appeal allowed; judgment of Court of Appeal set aside; plaintiffs' actions dismissed.