DIANA OYE AHENE v. NATIONAL HEALTH INSURANCE AUTHORITY & ANOTHER

BARTELS-KODWO, J.A:

The Plaintiff/Appellant (hereinafter, the “Appellant”) brought this action on 28th September, 2017 before the High Court, Labour Division, seeking the following reliefs:

a. A declaration that the letter from the Secretary of His Excellency, the President, dated 9th May, 2017 directing the Plaintiff to proceed on indefinite leave with effect from 15th May, 2017 is without due process or contrary to law;

b. A declaration that as Plaintiff is a member of the public services of Ghana, Plaintiff’s employment cannot be terminated by Defendant without just cause;

c. A further declaration that the termination of employment of Plaintiff by Defendant was without just cause, and accordingly unlawful;

d. An order directing Defendant to pay Plaintiff’s salary, allowances, and other benefits from 12th June, 2017 till the date of her statutory retirement in February 2025;

e. An order directing Defendant to pay Plaintiff’s pension contributions to the appropriate institutions from 12th June, 2017 till the date of her retirement in February 2025;

f. Costs including solicitor’s fees; and

g. Any further or other relief as this Court may deem fit.

After pleadings were closed, the issues set down for trial were as follows;

I. Whether or not at all material times the Plaintiff was an employee of the 1st Defendant.

II. Whether or not the Plaintiff was a member of the Public Services of Ghana.

III. Whether or not it is/was lawful for the Plaintiff to be directed to proceed on indefinite leave.

IV. Whether or not the termination of the employment of the Plaintiff was unlawful and/or without just cause.

V. Whether or not sections 4(2) and 5(4) of the National Health Insurance Authority Act, 2012 (Act 852) justified the termination/revocation of the appointment/employment of the Plaintiff.

VI. Whether or not the Plaintiff is entitled to the reliefs she seeks.

VII. Whether or not the President directed the termination/ revocation of the appointment of the plaintiff.

VIII. Whether or not 1st Defendant is a proper party to the suit.

IX. Any other issue raised by the pleadings.

The case of the Appellant is that she was employed by the 1st Respondent in July 2009 until the termination of her employment in June 2017. In May 2017, she received a letter dated 9th May, 2017 from the Secretary to His Excellency the President of the Republic of Ghana directing her to proceed on indefinite leave with effect from the 15th of May, 2017. The Appellant complie