Agyarbeng and Others Vrs Sg/ssb Bank Ltd [2015] GHASC 130 (17 June 2015)

Agyarbeng and Others Vrs Sg/ssb Bank Ltd [2015] GHASC 130 (17 June 2015)

Sections 34 and 35 of NLCD 157 as amended do not apply to termination resulting from redundancy or reorganization; therefore, the appellant was not legally required to negotiate severance pay with the respondents, and the termination was lawful.

Citation
[2015] GHASC 130
Parties
Plaintiffs/respondents: J. K. Agyarbeng & 62 Ors; Defendant/appellant: SG/SSB Bank Ltd (Now Societe Generale Ghana)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
17 June 2015
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal allowed
Legal Topics
Redundancy, Severance Pay, Wrongful Termination, Collective Bargaining, Statutory Interpretation
Source Language
English
Labour Law Employment Law Redundancy Severance Pay Wrongful Termination Collective Bargaining Statutory Interpretation

Case Brief

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Parties

J. K. Agyarbeng & 62 Ors

Plaintiffs/respondents

SG/SSB Bank Ltd (Now Societe Generale Ghana)

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the termination of the respondents' employment was wrongful under the Labour Decree 1967 (NLCD 157) sections 34 and 35 as amended
  2. 2 Whether the appellant was required by law to negotiate severance pay with the respondents before termination
  3. 3 Whether damages were payable for alleged failure to negotiate severance pay

Ratio Decidendi

Sections 34 and 35 of NLCD 157 as amended do not apply to termination resulting from redundancy or reorganization; therefore, the appellant was not legally required to negotiate severance pay with the respondents, and the termination was lawful.

Court Disposition

appeal allowed

Orders

  • The decisions of the High Court and Court of Appeal are set aside.
  • All reliefs sought by the respondents are dismissed.