Pay accumulated wages, court orders

Accra (Greater Accra) 19 July '99

A High Court in Accra on Friday ordered Batholomew Ghana Limited to pay 354.9 million cedis to 35 workers, who it declared redundant in August 1992.

The court's order was contained in a judgement given in a matter in which the 35 workers are claiming their entitlements as contained in the company's collective agreements, when it decided to declare them redundant.

It awarded 10 million cedis costs against the company.

The amount, according to the statement of claim of the workers, represents end of service benefits and compound interest thereon, difference in salaries already paid due to consolidation of salaries and accrued consolidated salaries between December 31, 1990 and September 30, 1998.

The workers instituted the action in 1993 when the company decided to lay them without paying their salaries and benefits despite warnings by the Labour Department that it was illegal.

The plaintiffs contended that they never received any letters declaring them redundant and that they consider themselves to be still in employment of the company.

The court presided over by Mrs Justice Agnes Dordzie held that there is evidence that the workers did not stop work on their own volition, they were, therefore, entitled to their wages and benefits as contained in the collective agreement.

"If the company so desires to declare the workers redundant, it must do so in accordance with the collective agreement signed between it and the workers

and pay them their accrued salaries and wages and all other entitlements", the Judge said.

The defendant denied that the workers are still in their employment and said they had been declared redundant.

Counsel for the defendant, Mr Ansah Asare, said his client did not owe any of the plaintiffs and that by a consensus agreement dated March 25, 1993, the parties agreed on what should be paid to each of them and this had been complied with.

GRi../