Simon Avinu & 59 Others -vrs-seaweld Engineering Ltd. & Another [2023] GHACA 29 (23 February 2023)

Simon Avinu & 59 Others -vrs-seaweld Engineering Ltd. & Another [2023] GHACA 29 (23 February 2023)

The prevailing terms of the 2016 contract governed the calculation of the 13th month salary and severance package, which were to be based on basic salary, not gross consolidated salary. The 60th plaintiff (ICU) was an unnecessary party and is struck out. Interest was not awarded as plaintiffs failed to show unjust withholding of entitlements. Costs awarded by the trial court were increased to GH¢30,000.

Citation
[2023] GHACA 29
Parties
Plaintiffs/respondents/cross Appellants: Simon Avinu & 59 Others; 1st Defendant/appellant/respondent: Seaweld Engineering Limited; 2nd Defendant/respondent/respondent: Seadrill Ghana Operations Ltd.; 60th Plaintiff: Industrial and Commercial Workers Union (ICU)
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
23 February 2023
Procedural Posture
Civil Appeal / Judgment on Appeal and Cross Appeal
Outcome
Appeal and cross-appeal dismissed; judgment of the lower court affirmed with variation on costs.
Legal Topics
Employment Contracts, Severance Pay, Arbitration Award Enforcement, Collective Bargaining, Calculation of Terminal Benefits, Costs
Source Language
English
Labour Law Contract Law Employment Contracts Severance Pay Arbitration Award Enforcement Collective Bargaining Calculation of Terminal Benefits Costs

Case Brief

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Parties

Simon Avinu & 59 Others

Plaintiffs/respondents/cross Appellants

Seaweld Engineering Limited

1st Defendant/appellant/respondent

Seadrill Ghana Operations Ltd.

2nd Defendant/respondent/respondent

Industrial and Commercial Workers Union (ICU)

60th Plaintiff

Procedural Posture

Civil Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the trial court erred in calculating the 13th month salary and severance package based on basic salary instead of gross consolidated salary
  2. 2 Whether the 60th plaintiff (ICU) was a necessary party to the suit
  3. 3 Whether interest should be awarded on sums found due but withheld

Ratio Decidendi

The prevailing terms of the 2016 contract governed the calculation of the 13th month salary and severance package, which were to be based on basic salary, not gross consolidated salary. The 60th plaintiff (ICU) was an unnecessary party and is struck out. Interest was not awarded as plaintiffs failed to show unjust withholding of entitlements. Costs awarded by the trial court were increased to GH¢30,000.

Court Disposition

Appeal and cross-appeal dismissed; judgment of the lower court affirmed with variation on costs.

Orders

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