BOATENG v. VOLTA ALUMINIUM CO LTD

This Court of Appeal judgment, authored by Abban JA, addresses the termination of a production supervisor’s employment by Valco. The supervisor’s appointment was ended on 18 November 1983 with payment of one month’s salary in lieu of notice, provoking an originating summons to determine whether, under the agreed conditions of service, termination for cause required prior notice and whether the employer could pay salary in lieu. The High Court had dismissed the summons, implying an entitlement to pay in lieu under clauses 2 and 3. On appeal, the supervisor argued that clause 3 required notice and that the expressio unius maxim barred any implication of pay in lieu; he also objected that the letter did not state cause. Abban JA read the termination scheme holistically, found uncontroverted misconduct constituting cause, and held that equity and the parties’ intention support implying the same alternative (notice or pay) for the employer as for the employee. Osei-Hwere JA and Amua-Sekyi JA concurred; the appeal was dismissed.