ANGLOGOLD ASHANTI GH. LTD VRS. AGA 2006 EARLY RETIREES ASSOCIATION AND OTHERS (J4/16/2022) [2022] GHASC 111 (15 June 2022)

ANGLOGOLD ASHANTI GH. LTD VRS. AGA 2006 EARLY RETIREES ASSOCIATION AND OTHERS (J4/16/2022) [2022] GHASC 111 (15 June 2022)

The action by all plaintiffs except the AGA 2006 Early Retirees Association and its three subscribers was statute barred, as it was commenced more than six years after the cause of action accrued. Only the three subscribers had standing as members of the Association. The lower courts erred in awarding redundancy packages based on an inapplicable collective agreement and in recognizing all 86 as proper plaintiffs.

Citation
[2022] GHASC 111
Parties
Defendant/appellant/appellant: Anglogold Ashanti Gh. Ltd.; Plaintiffs/respondents/respondents: AGA 2006 Early Retirees Association
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
15 June 2022
Case Number
J4/16/2022
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed; lower court judgments set aside.
Legal Topics
Redundancy, Early Retirement, Limitation of Actions, Locus Standi, Collective Bargaining Agreements
Source Language
English
Labour Law Civil Procedure Company Law Redundancy Early Retirement Limitation of Actions Locus Standi Collective Bargaining Agreements

Case Brief

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Parties

Anglogold Ashanti Gh. Ltd.

Defendant/appellant/appellant

AGA 2006 Early Retirees Association

Plaintiffs/respondents/respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the plaintiffs' action was statute barred under Section 4(1)(b) of the Limitation Act NRCD 54
  2. 2 Whether the plaintiffs had capacity/locus standi to sue
  3. 3 Whether the trial and appellate courts erred in awarding redundancy packages

Ratio Decidendi

The action by all plaintiffs except the AGA 2006 Early Retirees Association and its three subscribers was statute barred, as it was commenced more than six years after the cause of action accrued. Only the three subscribers had standing as members of the Association. The lower courts erred in awarding redundancy packages based on an inapplicable collective agreement and in recognizing all 86 as proper plaintiffs.

Court Disposition

Appeal allowed; lower court judgments set aside.

Orders

  • Orders of the trial court dated 5th November 2018 vacated.
  • Claims of all plaintiffs except the Association and its three subscribers dismissed as statute barred.