BERNARD MENSAH-QUARM v. GHANA REVENUE AUTHORITY
2018
COURT OF APPEAL
GHANA
CORAM
- P. K. GYAESAYOR, JA (PRESIDING)
- E. K. AYEBI, JA
- TANKO AMADU, JA
Areas of Law
- Employment Law
- Civil Procedure
- Contract Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The trial court's decision on the disputed employment matter exhibited a balanced consideration of evidence, setting precedence on the limitations in employment-related legal claims and the interpretation of contracts under statutory modifications. The appellate court corroborated the need for fairness and reasonableness in administrative conduct, underscoring doctrines against unjust enrichment.
AYEBI, JA 1. This is an appeal and cross-appeal against the judgment and a ruling of the Human Right, Divorce, Labour and Financial Division of a High Court, Accra.
The judgment was delivered on 28th April 2017 while the ruling was delivered on 5th July 2017.
2. Reliefs sought by plaintiff at the Trial Court By his amended writ of summons, the plaintiff/appellant/respondent (hereinafter referred to as plaintiff), claimed against the defendant/respondent/appellant (hereinafter referred to as defendant), the following reliefs: (i) An order against the defendant to restore the plaintiff to the employment of the defendant. (ii) A further order requiring the defendant to pay all the plaintiff’s entitlements including his full salary from August 1998 to date. (iii) Interest on relief (ii) above (iv) General damages for wrongful termination of the plaintiff’s half salary since in or around June 2005. (v) Further or in the alternative an order compelling the defendant to pay to the plaintiff damages for wrongful arrest and/or malicious prosecution. (vi) Costs including costs incidental to this suit and any other relief(s) the court may deem fit to give.
3. Plaintiff’s Case In November 1989, the plaintiff was employed by the predecessor of the defendant, the Customs Excise and Preventive Service (CEPS). In 1998, plaintiff rose to the rank of Collecting Assistant grade I and his duty post was at the James Town Office.
In September the same year, plaintiff was accused of aiding and abetting the smuggling of six (6) containers of frozen chicken from the Tema Port and was asked to report to the Bureau of National Investigations (BNI). In course of the investigations, the BNI detained him.
He was later charged and arraigned before the Regional Tribunal in Accra.
4. Pursuant to the 1998 Conditions of Service of Staff of CEPS, then in force, plaintiff’s employer interdicted him and placed him on half salary pending the determination of the case against him.
However in 2003, the judge hearing the case was transferred and since then to date, the hearing of the case has stalled.
And pursuant to new Conditions of Service for Staff of CEPS which came into force in 2003, the plaintiff’s employer, CEPS, stopped the payment of the half salary although the interdiction was still in force.
5. In November 2005 and February 2010 respectively, the plaintiff petitioned the Judicial Service about his plight, since according to him the Regional Tribunal has been abolished.