2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this appellate decision, the Court evaluated the High Court's handling of a case where plaintiffs alleged wrongful termination by their employer. The High Court had awarded damages to the plaintiffs, finding that the defendants did not substantiate their reasons for termination. On appeal, the defendants contended various legal errors including misapplication of burden of proof and definitions concerning employment termination. The appellate court found merit in the appeal, particularly emphasizing distinctions in legal terminology around termination and dismissal, and reinforced existing jurisprudence on jurisdictional limits in unfair termination claims under the Labour Act. The original decision was set aside, aligning with clarified legal interpretations and jurisdictional boundaries.
ADJEI,J.A:
This is an appeal against the judgment of the High Court Nkawkaw dated 28th February, 2013. The Plaintiffs/Respondents on their writ of summons claimed for seven reliefs including cost. They are as follows:
“a. Declaration that the termination of the Plaintiffs’ appointment with the Defendant hospital by medical superintendent was unfair and unlawful.
b. an order compelling the Defendant to pay compensation to each and every Plaintiff as a result of unfair termination of employment.
c. General damages for malicious prosecution.
d. General damages for defamation
e. Declaration that the deduction of monthly salaries of the 1st, 2nd, 3rd and 4th Plaintiffs which were paid into the Defendant’s accounts were unlawful.
f. An order disgorge the unjust profit/interest earned on the deductions made on the half salaries of the 1st, 2nd, 3rd and 4th Plaintiffs which were lodges in the Defendants’ account for over three years and same refunded to the affected Plaintiffs compelling the Defendant to herein.
g. An order for the payment of the salary arrears to the 1st, 2nd, 3rd, 6th, 7th and 8th Plaintiffs which the Defendant has refused to pay despite several demands.
h. costs”.
The Plaintiffs abandoned reliefs (c) and (d) on the writ. The trial High Court Judge dismissed all the other reliefs and granted reliefs (b), (e), (f) and (g).
The Defendant appealed against the judgment of the trial High Court to this Court on 26th April, 2013. The two grounds of appeal filed by the Defendant are as follows:
“1. The judgment is against the weight of evidence on record.
2. That the learned trial Judge was wrong when she held – “once the defendant assign a reason “unsatisfactory work performance” when the defendant assumed the burden of proving same on balance of probabilities. This, the defendant woefully failed to do” and that error occasioned a grave miscarriage of justice.”
I shall discuss the two grounds of appeal together as both of them require the Court to evaluate the entire evidence on record and come to the conclusion the trial Judge did not properly discuss either the facts or the law or both, and if the errors are corrected, the judgment should be overturned. Where there are evidence that the facts were not properly discussed and if they are properly discussed and evaluated the errors to be corrected, may overturn the judgment, the appeal should succeed.
On the other hand, where the errors are corrected and would not disturb the judgment, t