Aurobindo Pharma Limited v. Pharmadis Int. Ltd. and Anor.

MARIAMA OWUSU, J. A: On 28-10-2011, the High Court, [Commercial Division] Accra, held that the plaintiff was unable to prove that the termination of the 2nd defendant’s employment was fair.

The Court upheld the 2nd defendant’s counterclaim and entered judgment for him as follows; “I order that the 2nd defendant be paid his net salary from July 2009 till March 2010. He testified that he was unemployed at the time he gave evidence.

The law however expected him to mitigate his loss and so in addition I award the payment of salary for a further 6 months.

By exhibit ‘5’ which is the revised conditions of service issued by the Plaintiff to him, the 2nd defendant was entitled to an annual bonus of USD 750. I order that this be calculated in appropriate terms for the period July 2009 and March 2010 and paid to him.

By the same exhibit, he was entitled to a reimbursement of car maintenance and fuel expenses every month in the sum of USD 315; I order that he be paid that also for the period July 2009 to March 2010. I order that interest on the total amount realized under these orders be paid at the prevailing commercial lending rate from July 2009 till date of final payment.

I award cost of GH¢3, 000 for the 2nd defendant against the Plaintiff. ”Dissatisfied with the decision of the High Court, the Plaintiff appealed to this Court on the following grounds.

a. The learned trial judge erred in law when he ordered that interest on the United States of America Dollar obligation be paid at the commercial bank lending rate and such error has occasioned a miscarriage of justice.

b. The learned trial judge erred in law when he ordered that interest on the total amount realized under the judgment be paid from July and such error has occasioned a miscarriage of justice.

c. The learned trial judge erred in holding that the second Defendant’s employment in the first Defendant was not detrimental to the Plaintiff.

d. The learned trial judge erred in holding that the termination of the Second Defendant’s employment with the Plaintiff was unfair.

e. The judgment is against the weight of the evidence.

f. Additional grounds of appeal may be filed upon receipt of the record of proceedings.

Reliefs Sought from the Court of Appeal 1. An order of the Honourable Court ordering the award in USD to attract the Bank of Ghana dollar rate of interest and interest on the amounts due under the judgment to commence from when those awards became due and setting aside the judgment an