The Labour Division 2 of the High Court has rejected an application filed by Ghana Airport Company Limited (GACL) to stay the enforcement of an October 25 judgment that declared certain workers as permanent staff.
GACL’s legal counsel, Enon-Amah Andoh Esq., filed the application on August 16, 2024, seeking a stay of execution on a ruling from October 25, 2023. This ruling favored a group of workers who were initially employed by the Ghana Civil Aviation Authority and later incorporated into GACL during a restructuring process.
GACL argued that the plaintiffs were attempting to gain benefits without justifiable claims, asserting that they had not provided sufficient information regarding their salary entitlements. The company also claimed that the plaintiffs’ case was time-barred under Ghana’s Limitations Act, specifically section 4 of NRCD 54, as the cause of action dated back 14 years, while the law mandates a six-year filing window for such cases.
Background
Her Ladyship Justice Ananda J. Aikins, presiding over Labour Division 2 of the Accra High Court, ruled in favor of the plaintiffs—Isaac O. Sackitey and 21 others—on October 25, 2023, declaring them permanent staff of GACL. The plaintiffs had filed a writ on December 12, 2018, seeking recognition as permanent employees of GACL. They argued that they had originally been employed by the Ghana Civil Aviation Authority and had been treated as temporary employees after the authority’s restructuring and GACL’s incorporation.
GACL, as the first defendant, maintained that it had engaged the plaintiffs on fixed-term contracts, renewable upon expiration, starting from its operations in 2007. It argued that the plaintiffs were aware of their contractual status and were thus ineligible for benefits typically reserved for permanent staff, such as housing, utilities, and long-service allowances. GACL also stated that it had made provisions for SSNIT contributions and tax deductions for these employees.
The second defendant, the Ghana Civil Aviation Authority, contended that some plaintiffs had been temporary, contractual employees, not full-time staff. It explained that, following the 2006 government-led decoupling, GACL was created to manage Ghana’s airports, with specific staff transferred to GACL. The authority emphasized that this restructuring did not constitute a redundancy exercise and thus did not involve redundancy payments.
After considering arguments from both sides, Justice Aikins ruled in favor of the plaintiffs, declaring that some had been permanent employees of the Civil Aviation Authority prior to the restructuring that transferred their employment to GACL. The court ordered the Ghana Civil Aviation Authority to compensate the plaintiffs for any shortfalls in their leave days from their dates of employment to the point of transfer. Additionally, the court awarded GH¢20,000 in general damages to each plaintiff and a final cost of GH¢20,000 against both GACL and the Civil Aviation Authority. Interest on the awarded leave-day shortfall is to accrue from the date of judgment until final payment.
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