Coleman and Another Vrs Newmont Ghana Gold and Others [2021] GHASC 14 (10 March 2021)

Coleman and Another Vrs Newmont Ghana Gold and Others [2021] GHASC 14 (10 March 2021)

The appellants failed to prove that their dismissal was wrongful or in breach of contract or statutory provisions. The disciplinary process followed the collective bargaining agreement and rules of natural justice. The employer was not required to prove misconduct beyond reasonable doubt. Damages for defamation were not available as they were neither pleaded nor proved. The appeal was dismissed and the Court of Appeal judgment affirmed.

Citation
[2021] GHASC 14
Parties
Plaintiff/respondent/appellant: Alex Onumah Coleman; Plaintiff/respondent/appellant: David Koomson; Plaintiff/respondent/appellant: Emmanuel Atsiafu; Plaintiff/respondent/appellant: Ernest Korang Yeboah; Plaintiff/respondent/appellant: Fred Sarbah; Plaintiff/respondent/appellant: Ebenezer Mills; Plaintiff/respondent/appellant: Andrew Hayford; Plaintiff/respondent/appellant: Isaac Kongetey; Plaintiff/respondent/appellant: Isaac Boadu; Defendant/appellant/respondent: Newmont Ghana Gold
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
10 March 2021
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
appeal dismissed
Legal Topics
Wrongful Dismissal, Summary Dismissal, Collective Bargaining Agreement, Defamation, Disciplinary Proceedings, Burden of Proof, Damages
Source Language
English
Employment Law Contract Law Wrongful Dismissal Summary Dismissal Collective Bargaining Agreement Defamation Disciplinary Proceedings Burden of Proof +1 more

Case Brief

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Parties

Alex Onumah Coleman

Plaintiff/respondent/appellant

David Koomson

Plaintiff/respondent/appellant

Emmanuel Atsiafu

Plaintiff/respondent/appellant

Ernest Korang Yeboah

Plaintiff/respondent/appellant

Fred Sarbah

Plaintiff/respondent/appellant

Ebenezer Mills

Plaintiff/respondent/appellant

Andrew Hayford

Plaintiff/respondent/appellant

Isaac Kongetey

Plaintiff/respondent/appellant

Isaac Boadu

Plaintiff/respondent/appellant

Newmont Ghana Gold

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the termination of the appellants’ employment was wrongful and illegal
  2. 2 Whether the appellants were entitled to damages for wrongful dismissal and/or defamation
  3. 3 Whether the disciplinary committee was required to prove misconduct beyond reasonable doubt

Ratio Decidendi

The appellants failed to prove that their dismissal was wrongful or in breach of contract or statutory provisions. The disciplinary process followed the collective bargaining agreement and rules of natural justice. The employer was not required to prove misconduct beyond reasonable doubt. Damages for defamation were not available as they were neither pleaded nor proved. The appeal was dismissed and the Court of Appeal judgment affirmed.

Court Disposition

appeal dismissed

Orders

  • Judgment of the Court of Appeal affirmed
  • No damages awarded to appellants