AUGUSTINE BOGOLOH v. INTERTEK GHANA LIMITED
2022
SUPREME COURT
GHANA
CORAM
- YEBOAH CJ (PRESIDING)
- PWAMANG JSC
- OWUSU (MS.) JSC
- AMADU JSC
- PROF. MENSA-BONSU (MRS.) JSC
Areas of Law
- Employment Law
- Contract Law
- Civil Procedure
2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Intertek Ghana Ltd terminated the employment of its Regional Manager for French West Africa, who had rejoined the company in 1998 and transferred to Ghana under an Ex-Pat Agreement in 2011. In June 2016, Intertek ended the relationship without stated reasons, paid severance calculated from 2011 (US$121,623.06), and the employee accepted and later purchased his official vehicle. He sued for wrongful termination, redundancy, severance from 1998, and benefits until retirement. The High Court dismissed the claims, the Court of Appeal affirmed, and with leave he appealed to the Supreme Court. The Supreme Court held the appellant’s stance that Act 651 did not govern the Ex-Pat Agreement undermined his claims; emphasized mutuality and the distinction between termination and dismissal; and ruled that acceptance of severance constituted a compromise, extinguishing wrongful termination claims and retirement benefits. The appeal was dismissed.
PROF. MENSA-BONSU (MRS) JSC:-
1.This is an appeal from a judgment of the Court of Appeal dated 18th July affirming the judgment of the trial court that dismissed the action. The appellant has brought an appeal to this honourable court seeking to reverse the concurring judgments of the two lower courts.
Facts and Background
2.The plaintiff used to work (from 1986-1993) with a company in Cote d’Ivoire called Caleb Brett. It later became Intertek Testing Services- Caleb Brett (ITS-Caleb Bret). He was employed first as a chemist and later became the General Manager.
3.In 1993, Intertek was sold to Q &Q Contract Service but he continued to work there for another 5 years. While working for Q & Q Intertek, the defendant pleaded with him to reorganise the affairs of the defendant Company, and that his tenure till retirement was assured. He therefore left Q & Q Control Services to join defendant company.
4.On 7th September 1998, he “rejoined” Intertek Ghana Ltd. and was appointed General Manager for French West Africa, He was later promoted Regional Manager of French West Africa, including Ghana (excluding Nigeria) under a new contract till April 2014.
5.In 2011, whilst holding the position of Regional Manager, the defendant transferred him to Ghana and the terms of the transfer were set out in an agreement hereinafter referred to as the ‘Ex-Pat Agreement’. This was still within the Region of French West Africa, including Ghana. He claimed that the defendant company agreed that he could work till retirement, or to be sent back to Cote d’Ivoire to continue work till retirement.
6.In a letter dated 1st June, 2016, the defendant wrote to the plaintiff, terminating his appointment without giving him any reasons. His benefits were calculated as “one month’s salary in lieu of notice, for redundancy, for outstanding leave and for repatriation.” With the period of his appointment calculated from 2011, he was paid the sum of US$121,623.06 as redundancy/severance pay.
7.The plaintiff wrote to the defendant expressing his disagreement with the termination, and that it was a breach of the contract of employment. As required by the laws of Cote d’Ivoire he was given a certificate of employment which indicated that he had worked for defendant from 1998-2016. He, however, accepted the termination benefits offered. He later requested to be permitted to purchase his official vehicle and the defendant obliged.
8.A month after taking his termination benefits he initiated the