ALFRED TETTEH ANNAN VS GOLD ROYAL ENTERTAINMENT CO. LTD
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE LAURENDA OWUSU
Areas of Law
- Employment Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sued the Defendant for unlawfully demoting and terminating his employment, claiming he was promoted to Pit Boss but was demoted back to Dealer Inspector and subsequently terminated. The Defendant argued that the Plaintiff was only an intern Pit Boss undergoing training and his conduct was unsatisfactory. The Court analyzed the evidence, found the Plaintiff to be a Dealer Inspector at termination, and ruled that his termination was wrongful and unlawful. However, the Plaintiff was not entitled to salaries claimed post-termination since no services were rendered. The Plaintiff was awarded twelve months' salary in damages, but his claim for legal fees was dismissed. Costs were also awarded in his favor.
By an amended Writ of Summons filed in the Registry of this Court the Plaintiff is claiming against the Defendant the following reliefs:
1. A Declaration of the Court that the demotion and termination of the Plaintiff as a Pit Boss by the Defendant was unlawful.
2. An order of the Court that the Plaintiff be paid his outstanding salary as Pit Boss from March, 2014 at the rate of GH₵900. 00 per month, plus interest at the commercial bank rate thereon, until date of final payment.
3. Compensation of GH₵10, 000. 00 for Plaintiff’s arbitrary, capricious and wrongful termination.
4. Legal fees comprising of a consultancy fee of GH₵500. 00 plus 15% of all sums paid to the Plaintiff.
5. Costs plus any additional reliefs that this honorable Court might deem fit.
SUMMARY OF CASE THE PLAINTIFF’S CASE By an accompanying Statement of Claim and the Witness Statement of Plaintiff filed on the 4th of November 2015 the Plaintiff’s case is that he was until 17th March, 2014 an employee of the Defendant.
According to him he was appointed on the 4th of January, 2013 as an Inspector and after successfully working for ten (10) months he was promoted to the position of Pit Boss.
It is Plaintiff’s case further that on the 15th of February, 2014, one of the Defendant’s employees by name Patricia Asante was alleged to have stolen gambling chips belonging to the Defendant and he and another employee were linked to it.
After investigation, he was ordered to go back to work but he received a letter dated 22nd February, 2014 demoting him to the lesser position of Dealer Inspector from Pit Boss.
On the 17th of March, 2014, another letter was received from the Defendant, this time terminating his employment immediately.
The Plaintiff maintains that the termination of his appointment for no justifiable reason is unlawful.
THE DEFENDANT’S CASE By its amended Statement of Defence and the Witness Statement of one Richard Fairweather Sowah filed on the 12th of November 2015, the Defendant’s case is that Plaintiff was employed as a Dealer Inspector and was never promoted to the position of a Pit Boss.
According to the Defendant, for a specific period during his period of employment and throughout the said period Plaintiff was undergoing training as a Pit Boss and was requested to work as an intern Pit Boss.
Plaintiff was never made a substantive Pit Boss.
It is their case that whiles undergoing training as a Pit Boss Plaintiff’s conduct was unsatisfactory hence he was issu