GODWIN NYARKO VS LATEX FOAM RUBBER PRODUCTS LIMITED

This High Court judgment by Her Ladyship Justice Ananda J. Aikins (Mrs) concerns a sprayer employed in 2016 on a fixed-term contract who alleged he inhaled chemicals at his employers factory, developed a persistent cough, and later a chest condition requiring treatment at Mission Clinic Limited (North Kaneshie), Greater Accra Regional Hospital (Ridge), Korle-Bu Teaching Hospital (Chest Clinic), and Faith Mission Hospital (Bubuashie). He sought a declaration of wrongful termination contrary to the Labour Act, 2003 (Act 651), compensation for the alleged work-related condition, unpaid entitlements, and damages. The employer asserted abandonment of post between 25 February and 11 March 2019 and contested any link between the condition and workplace exposure, counterclaiming for declaration of frivolity and costs. Applying Zabrama v. Segbedzi on burden of proof and John Tagoe v Accra Brewery Limited on wrongful termination standards, and referencing Section 11 of Act 651, the court found the medical evidence insufficient, doubted the five-month excuse-dutys authenticity and communication, concluded the employee abandoned his post, held the termination lawful, dismissed the claims as frivolous, and awarded GH8,000 costs to the employer.