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DORCAS AMO-BRONI VS CIRRUS OIL SERVICES LIMITED

2022

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE ANANDA J. AIKINS (MRS)

Areas of Law

  • Employment Law
  • Evidence Law
  • Human rights Law
  • Contract Law

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.

JUDGMENT