Atuahene Vrs Ghana Cocoa Marketing Board [2019] GHASC 10 (6 February 2019)

Atuahene Vrs Ghana Cocoa Marketing Board [2019] GHASC 10 (6 February 2019)

There was no severance of the employer-employee relationship between appellants and PBC Ltd as required by law; appellants remained employees of PBC Ltd before and after privatisation, and did not become unemployed or suffer proven diminution in terms and conditions. Therefore, they are not entitled to severance pay.

Citation
[2019] GHASC 10
Parties
Plaintiff/respondent/appellant: Martin A. Atuahene for himself and on behalf of other former employees of the Ghana Cocoa Marketing Board; Defendant/appellant/respondent: Ghana Cocoa Marketing Board
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
6 February 2019
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Severance Pay, Redundancy, Privatisation, Diminution of Employment Terms
Source Language
English
Labour Law Employment Law Severance Pay Redundancy Privatisation Diminution of Employment Terms

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Martin A. Atuahene for himself and on behalf of other former employees of the Ghana Cocoa Marketing Board

Plaintiff/respondent/appellant

Ghana Cocoa Marketing Board

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the appellants lost their employment with Produce Buying Company Ltd due to privatisation and are entitled to severance award under the Labour Act
  2. 2 Whether appellants suffered diminution in terms and conditions of employment after privatisation

Ratio Decidendi

There was no severance of the employer-employee relationship between appellants and PBC Ltd as required by law; appellants remained employees of PBC Ltd before and after privatisation, and did not become unemployed or suffer proven diminution in terms and conditions. Therefore, they are not entitled to severance pay.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; judgment of the Court of Appeal affirmed.