GIDEON DELALI DEKLU VS ECONOMIC AND ORGANISED CRIME OFFICE

INTRODUCTION

The plaintiff, on the 4th of February 2019 sued the defendant for the following reliefs: -

(1) A declaration that the purported dismissal of plaintiff by the defendant is wrongful and illegal.

1. A declaration that by Public Service Regulations, upon transfer of the plaintiff by the defendant from Accra in the Greater Accra Region to Wa in the Upper West Region, the plaintiff is entitled to payment of posting and haulage grants.

2. A further declaration that the directive by the defendant to the Ghana Commercial Bank to pay back to chest all earned salaries of plaintiff from April to date is unreasonable, wrong and illegal.

3. An order of the honourable court directed at the defendant to reinstate the plaintiff.

4. An order by the honourable court directed at the defendant to pay all salaries, increments, allowances and benefits to the plaintiff from the time the plaintiff’s appointment was wrongfully and illegally terminated till the date of judgment.

5. Interest on the arrears of salaries, increments, allowances and benefits at the prevailing commercial lending rate of interest from the time the plaintiff’s appointment was wrongfully and illegally terminated till the date of payment.

6. General damages.

7. Any other issues arising from the pleadings.

The defendant denied liability for the claims of the plaintiff and at the close of pleadings the following issues were set down by the court for determination: -(1) Whether the dismissal of the plaintiff was wrongful? (2) Whether the plaintiff ever vacated his post in course of his employment with the defendant? (3) Whether plaintiff is entitled to be reinstated as an employee of the defendant? (4) Whether plaintiff is entitled to payment of posting and haulage grants in accordance with the Public Service Regulations upon transfer? (5) Whether the directive by the defendant to the Ghana Commercial Bank to pay back to chest all salaries of plaintiff from April 2018 to date is wrongful and illegal? (6) Whether plaintiff is entitled to payment of all salaries, arrears, increments, allowances and other benefits from the time plaintiff was wrongfully and illegally dismissed.

1. Whether the plaintiff is entitled to damages for wrongful termination of plaintiff’s employment with the defendant? (8) Any other issues arising from the pleadings.

BRIEF FACTS The plaintiff was an employee of the defendant from the year 2000 till the 2nd of January 2019 when he was summarily dismissed by the defen