Simon Avinu & 59 Others -vrs- Seaweld Engineering Ltds. & Another [2023] GHACA 52 (23 February 2023)

Simon Avinu & 59 Others -vrs- Seaweld Engineering Ltds. & Another [2023] GHACA 52 (23 February 2023)

The prevailing terms of the 2016 contract governed the calculation of the 13th month salary and severance package, which must be based on basic salary, not gross consolidated salary. The 60th plaintiff (ICU) was an unnecessary party and is struck out. No interest is payable as the plaintiffs failed to show unjust withholding of entitlements. The costs awarded by the trial court were inadequate and are increased to GH¢30,000 collectively.

Citation
[2023] GHACA 52
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
Procedural Posture
Civil Appeal / Judgment on Appeal and Cross Appeal
Outcome
Both appeal and cross-appeal dismissed; trial court judgment affirmed with variation on costs.
Legal Topics
Employment Contracts, Severance Pay, Arbitration Award Enforcement, Collective Bargaining, Damages, Costs
Source Language
English
Labour Law Contract Law Employment Contracts Severance Pay Arbitration Award Enforcement Collective Bargaining Damages 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

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 withheld entitlements

Ratio Decidendi

The prevailing terms of the 2016 contract governed the calculation of the 13th month salary and severance package, which must be based on basic salary, not gross consolidated salary. The 60th plaintiff (ICU) was an unnecessary party and is struck out. No interest is payable as the plaintiffs failed to show unjust withholding of entitlements. The costs awarded by the trial court were inadequate and are increased to GH¢30,000 collectively.

Court Disposition

Both appeal and cross-appeal dismissed; trial court judgment affirmed with variation on costs.

Orders

  • 60th plaintiff (ICU) struck out as unnecessary party
  • Costs of GH¢10,000 set aside and substituted with GH¢30,000 in favour of plaintiffs against 1st defendant