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JUDGMENT
RELIEFS SOUGHT
The plaintiff on the 6th of November, 2018 sued the defendants for the following reliefs:
a) A declaration that plaintiff’s employment with the first defendant has been constructively terminated by the defendants.
b) Damages of GH¢2,000,000.00 for unlawful/wrongful termination of plaintiff’s appointment.
c) An order directed at the defendants to pay to the plaintiff all of the one-third portion of his salary which was withheld by the defendants during the interdiction.
d) Interest on the amount in (c) above from the date of the interdiction to the date of final payment.
e) An order upon the defendants to pay to the plaintiff all of his accumulated entitlements prior to the termination of his employment.
f) A declaration that the findings purportedly made against the plaintiff by the defendants are not supported by the facts.
g) An order directed at the defendants to expunge from their records the alleged findings made against the plaintiff.
h) Costs assessed at G ¢200,000.00
i) Any other relief(s) that the court may deem fit.
The defendants, in their statement of defence filed on the 27th of November, 2018, denied liability for the claims of the plaintiff.
ISSUES FOR TRIAL
At the close of pleadings the following issues were set down by the court for determination:-
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Whether or not the defendants constructively terminated the appointment of the plaintiff?
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Whether or not the termination of the plaintiff’s employment by the defendants is/was wrongfully or unlawful?
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Whether or not the purported findings of the purported disciplinary Committee upon which defendants constructively terminated plaintiff’s appointment are/were supported by the facts?
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Whether or not the defendants acted in breach of natural justice during the purported committee hearings
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Any other issues raised by the pleadings.
CASE OF PLAINTIFF
According to the plaintiff, he was employed by the 1st defendant on 1st October, 1997 as an Assistant Trader and he later rose through the ranks to the position of Deputy Managing Director of the 1st defendant, a position that he held from February, 2015 till September, 2017 when his appointment was constructively and unlawfully terminated by the defendants after over 20 years of dedicated service.
The plaintiff further stated that on or about the 23rd of January, 2017, the Minister of Agriculture by a letter ordered him (the plaintiff) to proceed on accumulated leave for 155 days with effect from 30th Janua