FRANCIS OSEI- ANSAH VS NATIONAL VOCATIONAL TRAINING
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE LAURENDA OWUSU
Areas of Law
- Employment Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, employed by the Defendant from 1980 to 2008, alleged wrongful termination after rejecting a position amidst company restructuring. The court ruled Plaintiff was indeed promoted, the new position offer was not a demotion, and the termination was neither wrongful nor unconstitutional. Plaintiff's burden of proof and need for credible evidence emphasized, along with provisions for contract terminations in employment law and Plaintiff's inability to prove a demotion.
By an amended Writ of Summons issued out at the registry of this Court on the 26th of February 2016, the Plaintiff claims against the Defendant as follows:
A declaration that the termination of the Plaintiff’s appointment is unconstitutional and/or wrongful.
General damages for wrongful termination of appointment.
An order for payment of all unpaid salaries and other emoluments.
IN THE ALTERNATIVE
An order for payment of any entitlements that are found due to the Plaintiff.
Interest on any such entitlements calculated at the current bank rate from 1st March, 2008 to the date of final payment.
SUMMARY OF CASE
THE PLAINTIFF’S CASE
The Plaintiff sets out his case by an accompanying Statement of Claim to the amended Writ of Summons, amended Reply dated 21st January, 2016, his Evidence in Chief contained in his Witness Statement filed on the 26th of October 2015, and further Witness Statement filed on the 22nd of January, 2016. His case is that he was employed by the Defendant on 7th January, 1980 and worked for twenty-eight (28) years until his appointment was terminated by the Defendant by a letter dated 17th June, 2008. According to him, during his tenure of employment, he was promoted to the rank of Deputy Chief Internal Auditor in 2003 and later in August 2003, he was made the Acting Chief Accountant.
Thereafter, the Defendant, under the pretext of undergoing a restructuring exercise, published some vacancies and made certain postings. The Plaintiff claimed that in pursuance of this reshuffle and postings, he received a letter dated 20th February 2008 offering him appointment as Principal Accountant in charge of the Defendant’s Training Centre at Kokomlemle, Accra, with effect from 5th February, 2008. The Plaintiff’s case further is that he considered the offer of Principal Accountant a demotion and by a letter dated 28th February, 2008, rejected the offer, whereupon in reaction to his rejection letter, the Defendant wrote to him stating that he had vacated his post and as a result, his appointment with them had been terminated. The Plaintiff maintained that his employment with the Defendant made him a Public Officer; as such, his employment was safeguarded by Article 190 of the 1992 Constitution of Ghana, and the offer of Principal Accountant, which was a demotion, contravened Article 190 of the 1992 Constitution.
THE DEFENDANT’S CASE
The Defendant sets out its case in its amended Statement of Defence and Evidence in Chief contained in the Ame