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FELIX OSAFO GEORGE VS B.B.S PHARMACY LIMITED

October 14, 2022

CIRCUIT COURT

GHANA

CORAM

  • H/H ADELAIDE ABUI KEDDEY

Areas of Law

  • Employment Law
  • Contract Law
  • Evidence Law

AI Generated Summary

This Circuit Court case concerns BBS Pharmacy’s engagement of a registered pharmacist as Superintendent Pharmacist for the 2017 operating year. The pharmacist, also a lecturer at the University of Ghana (Legon), asserted he was the named superintendent on the Pharmacy Council licence and could not superintend any other pharmacy in that year. He claimed the company failed to pay the agreed GHC2,000 monthly remuneration and did not pay social security; a UniCredit cheque of GHC8,000 issued in October 2017 was not honoured. BBS Pharmacy argued he was on allowances, had flexible hours, and was not under traditional employment control. Documentary and testimonial evidence—including confirmation from the Pharmacy Council’s Deputy Registrar—showed the pharmacy relied on his superintendent status to renew its licence. The court found an agreement to pay GHC2,000 monthly, non-payment by the Defendant, and characterized the relationship as a contract for service. Judgment was entered for the pharmacist, awarding general damages, recovery of GHC24,000 for 2017, commercial interest, costs, and declining SSNIT relief.

JUDGMENT