GODSON AWORTWI DADZIE & ANOTHER v. BARCLAYS BANK OF GHANA LIMITED
2018
SUPREME COURT
GHANA
CORAM
- DOTSE, JSC (PRESIDING)
- YEBOAH, JSC
- BAFFOE-BONNIE, JSC
- APPAU, JSC
- PWAMANG, JSC
Areas of Law
- Employment Law
2018
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This case involves the Plaintiffs' appeal against their wrongful dismissal from employment and the awarded compensation. The High Court initially ruled in their favor, providing them substantial compensation. However, the Court of Appeal modified this compensation to two years' salary. The Plaintiffs, feeling aggrieved by this adjustment, appealed to the Supreme Court, arguing the Court of Appeal failed to consider all surrounding circumstances. The Supreme Court reviewed the entire case and decided to affirm the Court of Appeal's decision, emphasizing the duty of the dismissed employee to seek alternative employment to mitigate their losses.
JUDGMENT
DOTSE, JSC:-
This judgment is premised upon an appeal lodged by the Plaintiffs/ Respondents/ Appellants, hereafter Plaintiffs, against the unanimous judgment of the Court of Appeal dated the 14th day of July 2016 which allowed in part an appeal lodged by the Defendants/Appellants/Respondents against the decision of the High Court, Accra dated the 2nd day of July 2014.
BRIEF FACTS
The facts in this case admit of no controversy whatsoever. Following the dismissal of the Plaintiffs from their employment with the Defendant which they considered as wrongful and unlawful, the Plaintiffs commenced an action against the Defendants in the High Court, Accra claiming the following reliefs:-
a. “A declaration that the Plaintiffs purported dismissal on 12th May 2008 was wrongful and unwarranted.
b. An order upon the Defendants to pay to the Plaintiffs all their end of service and accumulated entitlements.
c. Another order upon the Defendants to pay damages to the Plaintiffs for wrongful dismissal.
d. Any other or further reliefs as the Honourable Court may deem fit.”
DECISION OF THE HIGH COURT
After a full scale trial, the learned trial High Court Judge on the 2nd day of July 2014 rendered it’s decision in favour of the Plaintiffs herein. The decision of the High Court is stated briefly as follows:-
“In our present case, the evidence established that Godson Awortwi Dadzie has worked in the employment of the Defendant bank for 29 years whilst Philip Nyatuame worked for almost 24 years before their unlawful dismissal. Guided by the above stated principle, I hold that each Plaintiff shall be entitled to
(a) all his salaries calculated from the date of his interdiction i.e. 31/01/2008 to the date of judgment
(b) all his end of service awards calculated from the date of interdiction till date of judgment, and
(c) Payment of three months salary in lieu of proper notice.”
“Additionally, the 1st Plaintiff is awarded GH¢20,000.00 general
damages for prospective loss of promotion and loss of
employment. The 2nd Plaintiff is entitled to GH¢15,000.00.”
“The unchallenged evidence is that Philip Nyatuame was a senior staff and was the deputy to the 1st Plaintiff at the Koforidua Branch at the time. He had also worked for 24 years before his summary dismissal. Plaintiffs cost assessed at GH¢6,000.00”.
APPEAL AGAINST THE HIGH COURT DECISION TO THE COURT OF APPEAL AND IT’S DECISION THEREIN.
Aggrieved and dissatisfied with the judgment of the High Court, the