DORCAS AMO-BRONI VS CIRRUS OIL SERVICES LIMITED
October 14, 2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE ANANDA J. AIKINS (MRS)
Areas of Law
- Employment Law
- Evidence Law
- Human rights Law
- Contract Law
October 14, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court case involves the termination of a Marketing Assistant employed by a bulk oil distribution company that supplies refined petroleum products to oil marketing companies. After a private WhatsApp exchange with an individual named Paa Kwesiwhom the plaintiff described as a family friendmanagement summoned her, confronted her with the chat, and demanded she resign or face dismissal. Later the same day, she was issued a query to answer within less than two hours; the following morning, her employment was terminated without a disciplinary hearing. The defendant claimed extortion based on the chat and two bank transfers, but the payments predated the chat and no formal complaint was produced; Paa Kwesi was not called as a witness and his agency status was unproven. The court applied the companys HR manual and constitutional fair hearing principles, holding that the defendant failed to follow its procedures, violated natural justice, and unlawfully terminated the employment. It declared the termination unlawful, awarded GH80,000 compensation for unlawful termination and invasion of privacy, and GH10,000 costs.
(1) INTRODUCTION The plaintiff was an employee of the defendant until the 12th of December, 2018 when her appointment was terminated.
She was employed on the 9th of March 2010 as a Marketing Assistant and she worked for the defendant, a company engaged in the supply of refined oil products like diesel, pms, kerosene etc.
to oil marketing companies and some other bulk distribution companies, until the 12th day of December 2018 when the employment relationship was severed by the defendant on the ground that the plaintiff had breached its code of ethics and professional standards.
b) A further declaration that the termination of the plaintiff’s employment is unlawful.
c) An order of the Court directed at the defendant to pay to the plaintiff an amount of GH¢5, 000, 000. 00 as damages for unlawful termination of employment and invasion of the plaintiff’s privacy.
d) An order directed at the defendant to pay to the plaintiff salary for work done in December 2018, her provident fund and all other entitlements that is due her.
e) Costs including solicitor’s cost. The defendant denied liability for the plaintiff’s claims.
ISSUES FOR DETERMINATION At the close of pleadings the following issues inclusive of one additional issue filed by the defendant were set down for determination by the court: -(1) Whether or not defendant deals with oil marketing companies (OMCs) through agents or brokers? (2) Whether or not Paa Kwesi is a known agent for any OMC that the defendant supplies oil to? (3) Whether or not by operational practice BDCs and for that matter the defendant company deals with OMC and not through their agency or brokers.
Whether or not Paa Kwesi and for that matter any person lodged complaint against the plaintiff for extorting money from him or her in the performance of her official duties? (5) Whether or not plaintiff extorted money from Paa Kwesi which led him to lodge a complaint against the plaintiff to defendant? (6) Whether or not the defendant in investigating the acclaimed allegation made against the plaintiff complied with the procedure provided in the Human Resource Policies of the defendant company.
Whether or not the plaintiff was given a chance t