BLAY-MORKEH v. GHANA AIRWAYS CORPORATION

JUDGMENT OF COUSSEY J.

The plaintiff's claim in this action is for:

(1) A declaration that the purported dismissal of the plaintiff from the employment with the defendants by the personnel manager for and on behalf of the defendants on 31 August 1967 was illegal, ultra vires and void and ought to be set aside.

(2) Payment to the plaintiff of arrears of salary since September 1967 at the rate of ¢2,110 per annum till date of judgment.

(3) ¢40,000 damages for wrongful dismissal from the defendants' employment as senior sales representative.

The plaintiff said he was on 11 November 1958 employed by the defendants as a sales representative on a salary of £G510 per annum. Later he was promoted to the post of senior sales representative on a salary of £G725 per annum. In 1963, he received three incremental credits and his salary was increased to £G935 per annum. At the time of his dismissal he was on a salary of £G1,055 per annum. According to the plaintiff, annual incremental credits were made to his salary on satisfactory performance of duties. He said during the course of his employment confidential reports including exhibits A and B were made on him. Before his appointment was terminated, he belonged to the Ghana Airways Senior Staff Association and there was an agreement between the defendants and the association as to the procedure to be adopted for the purpose of dismissals. The terms of the agreement were that,

"when an employee has committed any act of misconduct or negligence he shall be given a written query with a copy to the Association Secretary. An employee who is so queried shall be offered the [p.256] opportunity to submit a written reply explaining himself. A warning letter shall be sent if the offence warrants it, with a copy to the Association Secretary of the Union."

The plaintiff said that on 31 August 1967 he was served with a letter (exhibit C) terminating his appointment with the corporation. It was signed by their personnel manager, Mr. Brown. He said he was not given an opportunity of explaining his alleged unsatisfactory record which was the basis of his dismissal. He did not appear before the board of directors before he was sacked, and he has since not received any letter from the board about the termination of his contract.

The plaintiff admitted that he received £G8 from the Kumasi station in exchange for a cheque but he said the cheque was honoured when presented to the bank. He denied failing to account for the sum of