AARON DZOTSE VS UBI PETROLEUM LTD
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE LAURENDA OWUSU
Areas of Law
- Employment Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sought relief for wrongful termination, unpaid salary, and damages following his arrest and replacement as manager of the Defendant's oil filling station. The Defendant accused the Plaintiff of fraud and claimed for the value of missing oil products. The court found that the Plaintiff was wrongfully terminated and arrested, awarding him unpaid salary, damages for wrongful termination, and damages for unlawful arrest. Fraud was not proven by the Defendant.
The Plaintiff issued out this Writ of Summons against the Defendant for the following reliefs:
1. A declaration that the Plaintiff’s employment was wrongfully terminated.
2. His salary from September 2013 to the date of final judgment.
3. Damages for the wrongful termination of his employment.
4. Damages for his unlawful arrest and detention caused by the Defendant.
5. Costs.
By an accompanying Statement of Claim the Plaintiff averred that until September 2013 he was employed as the manager of the Defendant’s oil filling station at Kasoa.
According to the Plaintiff on the 13th of September 2013 he was invited by Defendant’s retail manager, one Mr. Kangah to submit his sales book the following day for discussions.
He was told the following day that his accounts was not clear and without being informed of any wrongdoing on his part the retail manager invited the police already in the premises to arrest him and he was kept in custody for two days.
He claims that upon his release he reported to the office but was told a new manager has taken over his position and his personal and private properties in his office had been burnt.
He maintains that the action of the Defendant through Mr. Kangah was to terminate his appointment without giving him due notice or reasons for the termination and also without giving him an opportunity to defend himself or explain the contents of his sales book.
Plaintiff contends that the Defendant’s actions have caused him much pain and Defendant has failed and refused to compensate him for the pain, embarrassment and emotional distress he has suffered as a result of their actions.
He contends that his employment with the Defendant has been wrongfully terminated.
Interlocutory judgment was entered in favour of the Plaintiff but later set aside for the matter to take its normal course.
In its Defence and Counterclaim filed on the 28th of July 2015 it averred that on the 12th of September, 2013, a day before Plaintiff was invited to their head office, Defendant’s sales executives discovered that the actual stock of oil products at the Kasoa Filling Station, where the Plaintiff was manager, fell short of the stock the Plaintiff had reported to the company.
According to them, Plaintiff was invited to account for the difference which he failed to do and when it became clear that Plaintiff had defrauded the Defendant he was reported to the Police.
The Defendant further averred that the Plaintiff has defrauded the Compan