SIMON AVINU & 59 ORS VS SEAWELD ENGINEERING LTD (H1/12/2022) [2023] GHACA 84 (23 February 2023)

SIMON AVINU & 59 ORS VS SEAWELD ENGINEERING LTD (H1/12/2022) [2023] GHACA 84 (23 February 2023)

The prevailing terms of the 2016 contract governed the calculation of the 13th month salary and severance package, requiring both to be based on basic salary, not gross consolidated salary. The 60th plaintiff (ICU) was an unnecessary party and was struck out. Plaintiffs were not entitled to interest as the sums were...

Source-derived case information.

Citation
[2023] GHACA 84
Parties
Plaintiffs/respondents/cross Appellants: Simon Avinu & 59 Others; 1st Defendant/appellant/respondent: Seaweld Engineering Limited; 2nd Defendant/respondent/respondent: Seadrill Ghana Operations Ltd.
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
23 February 2023
Case Number
H1/12/2022
Procedural Posture
Civil Appeal / Judgment on Appeal and Cross Appeal
Outcome
Appeal and cross-appeal dismissed; trial court judgment affirmed with variation as to costs.
Legal Topics
Employment Contracts, Severance Pay, Arbitration Award Enforcement, Collective Bargaining, Costs and Interest, Party Capacity
Source Language
english
Labour Law Contract Law Civil Procedure Employment Contracts Severance Pay Arbitration Award Enforcement Collective Bargaining Costs and Interest +1 more

Source-derived case record

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 3 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Simon Avinu & 59 Others

Plaintiffs/respondents/cross Appellants

Seaweld Engineering Limited

1st Defendant/appellant/respondent

Seadrill Ghana Operations Ltd.

2nd Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the 13th month salary and severance package should be calculated on basic or gross consolidated salary
  2. 2 Whether the 60th plaintiff (ICU) was a necessary party
  3. 3 Whether interest should be awarded on sums due to plaintiffs

Ratio Decidendi

The prevailing terms of the 2016 contract governed the calculation of the 13th month salary and severance package, requiring both to be based on basic salary, not gross consolidated salary. The 60th plaintiff (ICU) was an unnecessary party and was struck out. Plaintiffs were not entitled to interest as the sums were not unjustly withheld, and the costs awarded were increased to GH¢30,000 for all plaintiffs collectively. Both the appeal and cross-appeal lacked merit and were dismissed, affirming the trial court's judgment with variation only as to costs.

Court Disposition

Appeal and cross-appeal dismissed; trial court judgment affirmed with variation as to costs.

Orders

  • 60th plaintiff (ICU) struck out as unnecessary party
  • 13th month salary and severance package to be calculated on basic salary per 2016 contract