2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal arises from a High Court case where the plaintiff successfully claimed unpaid wages for additional teaching duties over eleven years. The defendants argued the trial judge's decision was against the evidence and that the plaintiff, being a senior staff, was not entitled to teaching remuneration. The Appeals Court dismissed the appeal, affirming the trial judgment, ruling that the evidence and legal standards support the plaintiff's entitlement to compensation despite his senior staff status.
J U D G M E N T
A. M. DOMAKYAAREH (MRS), J.A.
The plaintiff’s claim:
The claim of the plaintiff/respondent (herein after called the plaintiff) against the defendants/appellants (hereinafter called the defendants) as stated in the Writ of Summons was for:
The unpaid salary for 14 hours a week for 11 years from 1990/91 academic year to 2000/2001 academic year
Interest on the said unpaid salary at current bank rate from October 1990/91 to the end of 2000/2001 academic year.
The facts of the plaintiff’ case:
The plaintiff, Mr. Francis Amoako was employed as a Senior Laboratory Technician at the 2nd Defendant University at Tarkwa. He was working at the Laboratory of the Electrical Engineering Department in the Faculty of Engineering. His main duty was to teach the students electrical engineering practicals in the Laboratory after the students had gone through the theory of electrical engineering with the Lecturers in the Lecture rooms.
During the 1990/1991 academic year, the 2nd defendant asked the plaintiff to take up additional duties as a teacher in addition to his normal duties as a Senior Laboratory Technician. The plaintiff did in fact take up the additional teaching duties from 1990/1991 academic year for eleven years during which he taught the students for 14 hours a week but was never paid for same. The plaintiff averred that at the time he was assigned the additional teaching duties by his Head of Department, he was not informed that he was entitled to be paid ¢15,000.00 (Gh¢1.50) per hour and therefore he did not put in any claim for same.
The plaintiff also averred that it was in 2002 when his Head of Department, Mr. E.A. Ofori, was going on retirement that he informed him of his entitlement to be paid for the additional teaching duties. The plaintiff followed all the due process to have his claim verified and authorized for payment just as other technicians of his status were paid for doing similar additional duties but the 2nd and 3rd defendants refused to pay him same. Plaintiff averred that he was left with no other option than to resort to the law co