ERASMUS NII AMOO AKUSHIE v. ePROCESS INTERNATIONAL S.A
2017
COURT OF APPEAL
GHANA
CORAM
- K.A. ACQUAYE J.A (PRESIDING)
- IRENE CHARITY LARBI (MRS) J.A
- SAEED K. GYAN J.A
Areas of Law
- Employment Law
- Civil Procedure
- Tax Law
2017
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Irene Charity Larbi J.A., reviewed an appeal from the High Court’s dismissal of a challenge to eProcess International S.A’s redundancy of the Appellant, who had been Head of Card Issuance since January 2011. The Court examined the employer’s correspondence with the Labour Department and found eProcess provided less than the three months’ statutory notice required by Section 65(1)(a) of the Labour Act to the Chief Labour Officer. As eProcess staff were not unionized, the Court purposively construed Section 65 to require direct notice to the Appellant, which was not given, and criticized the abrupt, immediate termination as unfair and insensitive. The Court further noted unlawful tax deductions from severance contrary to statutory exemptions. Concluding that the redundancy was unlawful and unfair, the Court awarded general damages equal to six months of the Appellant’s gross pay for each year worked.
Irene Charity Larbi (Mrs).J.A.
(1) This is an appeal against the decision of the High Court, Human Right/Financial & Economic Crime Division Accra delivered on 29th day of February, 2016. The Appellant as the Plaintiff in the High Court per his amended Writ and Statement of claim sought the following reliefs:-
a. A declaration that the purported redundancy exercise amounts to unlawful termination of Plaintiff’s employment.
b. A further declaration that the redundancy violates the
Labour Act 2003, Act 651 and is therefore unlawful.
c. An order for the Defendant to pay Plaintiff his salary from the 1st day of January, 2015 till the date of judgment.
d. An order for the Defendant to pay Plaintiff three (3) month’s
salary in lieu of notice for the redundancy.
e. An order for the Defendant to pay to the Plaintiff gratuity pay
at the rate of Nine (9) months of Plaintiff’s gross salary pay for each complete year worked.
f. An order directed at Defendant to in respect of the redundancy or severance pay to Plaintiff a severance pay at the rate of
9 month’s gross salary for every year worked.
g. An order for Defendant to absolve Plaintiff’s car loan.
h. General damages for unlawful termination, discrimination and unlawful redundancy.
i. An order for Defendant to pay Plaintiff’s bonus for the year
worked for and ended 2014.
J. Cost including Solicitors fess.
k. Further or other reliefs that this Honourable Court may
deem fit.
(2) The Appellant’s case is that by a letter dated 23rd December 2010, he was offered employment at the Respondent’s company as Head of Card Issuance, having according to him been poached by the Respondent from the Standard Chartered Bank where he was previously employed.
(3) He accepted the offer on 30th December, 2010 and commenced work on 19th January, 2011. According to the Appellant, the objective of his employment was to assist the Respondent in the standardization and restructuring of the Respondent’s Card Issuance Bureau to meet international standards. The Appellant asserted that in the course of his employment, he offered flawless services to Respondent and was never reprimanded, queried or warned about his output or commitment to work and through his work he immensely contributed in improving the operations of the Respondent.
(4) The Appellant asserted further, that his academic and other qualifications constantly exposed the incompetence of his boss Margaret Bekker and it is as a result of this
that he believes