ANDREW A. AMOAH v. NEWMONT GHANA GOLD LIMITED
2016
COURT OF APPEAL
GHANA
CORAM
- MABEL M. AGYEMANG (MRS.)
- OFOE, J. A.
- LARBI, J. A.
Areas of Law
- Employment Law
- Contract Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiff, employed by the defendant and later promoted, had his employment terminated in 2011 after refusing to resign without a reason given. Claiming wrongful termination, he sought various reliefs, but the High Court dismissed his claim, stating the employment was at-will. On appeal, the Court of Appeal upheld the dismissal, stating that both statutory and common law allowed at-will employment and that the contract's terms were clear and freely agreed upon by the plaintiff when he signed the employment letter. The appeal was found to lack merit and was dismissed with costs awarded to the respondent.
JUDGEMENT
AGYEMANG, JA:
In this appeal against the decision of the High Court (Industrial and Labour Division) Accra, delivered on the 10th of December, 2013, the plaintiff/appellant (hereafter described alternately as the appellant or the plaintiff), seeks the setting aside the judgment (described by the court as its ruling), and the grant of the relief sought by the appellant at the court below.
These are the antecedents of the appeal.
The plaintiff was employed in 2009 as a Business Excellence Black Belt by the defendant/respondent (referred to alternately as the respondent, or the defendant). on the 11th of March 2010, he was given new employment by way of promotion to the position of Mine Manager for Ahafo.
The new employment was governed by a letter of appointment dated 11th of March 2010, as well as a document described as the Newmont Ghana Senior Management Staff Manual (hereafter referred to as the “manual”), attached to, and recited in the said letter as forming part of the conditions of the employment.
The plaintiff remained in that employment from the 11th of March 2010 until the 13th of May 2011 when the respondent by letter to the appellant, terminated his services. The appellant at the court below pleaded that before this, he had in fact been informed by the respondent per its General Manager that his services were no longer required, and he was asked to resign or be relieved of his employment. No reasons were given to him for that request. He averred that it was when he failed to resign that his employment was terminated by letter of 13th May 2011.
The plaintiff commenced suit at the court below seeking reliefs: inter alia, a declaration that the termination of his employment by the respondent was unlawful, offending both statutory law, and his conditions of service, as well as damages for the wrongful termination, loss of reputation, embarrassment, diminished prospect of employment in the mining industry and a medical state induced by the wrongful termination.
At the close of the pleadings, the parties at the application for directions, set out the issues to be determined and the defendant set out two additional issues as preliminary issues to be determined by legal arguments. The latter issues were:
1. Whether or not it was a term of the plaintiff’s contract of employment that his employment was determinable at will or upon notice;
2. Whether or not the plaintiff’s contract of employment was determinable by the defendant witho