ELIZABETH AGBENORXEVI VS ACCRA BREWERY LIMITED

BACKGROUND

On 4th of December, 2107, the Applicant herein originated the instant application pursuant to Article 33 of the Constitution of the Republic of Ghana, 1992 and Order 67 of the High Court (Civil Procedure) Rules, 2004 (C. I. 47). Pursuant to an Order of the Court upon application, the action was amended on 16th May, 2019. The reliefs sought per the application are as follows: 1. An order to set aside the proceedings of ABL based on the recommendations of the Disciplinary Committee of Enquiry set up by the Respondent dated 24th October, 2017. 2. A further order allowing the Applicant herein to be represented by a lawyer of her choice at the Disciplinary Committee of Enquiry hearings set up by the Respondent and to take part in the proceedings or and on behalf of the Applicant herein.

Or in the alternative the following: i. A declaration that the purported termination by the Respondent of the Applicant‟s employment with the Respondent based on the report and recommendations of the Disciplinary Committee of Enquiry, which enquiry the Applicant herein was prevented from attending with a lawyer of her choosing is a gross infringement of the Applicant‟s fundamental human right to legal representation guaranteed by the Constitution 1992, and therefore manifestly unlawful.

A declaration that the purported termination of the Applicant‟s employment with the Respondent is in violation of the Applicant‟s right to a fair hearing and against the Rules of Natural Justice.

A declaration that the purported termination of the Applicant‟s employment is unlawful.

General damages for violation of the Applicant‟s fundamental human rights to legal representation at the sitting and hearing of the Disciplinary Committee of Enquiry set up by the Respondent as per matters stated in the original affidavit.

v. General damages for the violation of the Applicant‟s fundamental human rights to legal representation at the sitting and hearing of the Disciplinary Committee of Enquiry set up by the Respondent as stated in the affidavit in support by way of breach of the rules of Natural Justice.

General damages for wrongful termination of the Applicant‟s employment with the Respondent company.

Cost inclusive of Legal Fees as the grounds and reasons deposed to in the accompanying affidavit and exhibits attached there to.

And for any further order(s) as this Honourable Court may deem fit.

THE CASE OF THE APPLICANT The crux of the Applicant‟s case is as follows: According to