JOHN MICOCK v. RED SEA HOUSING SERVICES GH. LTD.
June 15, 2022
SUPREME COURT
CORAM
- PWAMANG JSC (PRESIDING)
- DORDZIE (MRS.) JSC
- TORKORNOO (MRS.) JSC
- HONYENUGA JSC
- KULENDI JSC
Areas of Law
- Employment Law
- Evidence Law
- Civil Procedure
- Tort Law
June 15, 2022
SUPREME COURT
CORAM
AI Generated Summary
John Logan Micock, engaged by Red Sea Housing Services Ghana Ltd. on a two-year fixed-term contract, was terminated after eight months without the contractual notice, with the employer citing global downturn. The parties negotiated a Final Settlement and Micock executed a sworn Release and Quitclaim acknowledging full satisfaction and waiving all claims. He later sued in the High Court (Labour Division) alleging unfair termination, redundancy, additional monetary entitlements, and libel. The High Court dismissed libel but granted other reliefs. The Court of Appeal reversed on jurisdiction under Bani v. Maersk. On further appeal, the Supreme Court clarified (post-Sangber-Dery) that the High Court had jurisdiction, but held that Micock had no cause of action due to his release and the Labour Acts fixed-term exclusion (s.66). It found his ancillary claims unsupported by the evidence and contractual terms, affirmed dismissal of libel, and dismissed his appeal, upholding the Court of Appeals judgment on different grounds.
DORDZIE (MRS.) JSC:-
FACTS
The plaintiff/Respondent/Appellant herein (plaintiff) was an employee of the Defendant Respondent/Appellant (Defendant). He was employed on a two year fixed term contract; the contract document is Exhibit A and it is dated 9 February 2009.Eight months in to this employment relationship, the defendant deemed it fit to terminate the contract. And contrary to the terms of the contract that, each party could terminate the contract upon 90 days notice, the defendant, on 7th October 2009 without notice served the plaintiff with termination letter, (exhibit C), terminating his appointment. In exhibit C the defendant spelt out the benefits it intended to pay plaintiff as follows “You shall receive full contract entitlements in accordance with Ghana labour law which includes:
2)Base salary payment in lieu of 30 days notice
3)Any accrued remunerations held in your Red Sea ledger account that has not been previously paid, if applicable.”
Subsequently the parties negotiated and came to agreement on entitlements or benefits due plaintiff. The total benefits the parties finally agreed on came to
USD 39,595.00. The details of which are in a document entitled Final Settlement (Exhibit D). Defendant deducted an amount of USD2,700 from this figure, being monies belonging to the company in plaintiff’s custody, which plaintiff claimed was stolen. The total amount paid to plaintiff came to USD 36,895.00. In acknowledgment of receipt of this money as final settlement of his benefits plaintiff swore to these facts in a document entitled ‘Release And Quitclaim’ (Exhibit 1). The contents of exhibit 1 are as follows:
“RELEASE AND QUITCLAIM
KNOW ALL MEN BY THESE PRESENTS:
That I, JOHN LOGAN MICOCK of legal age, holder of Canadian Passport No. BA 539935 and resident of #7712 Huntridge Crescent NE, Calgary, Alberta, Canada, after duly sworn to in accordance with law, depose and state;
1.That I received from RED SEA HOUSING SERVICES GHANA LTD. all my entitlements, receipt of which is hereby acknowledged to my complete and full satisfaction.
2.That by virtue of those presents, I hereby waive, release, acquit and/or discharge the aforesaid company (Red Sea Housing Services Ghana Ltd.) of any and all claims, demands, damages, actions or causes of action on account of and/or arising or which may hereafter arise in connection with my application.
3.I hereby state that this release and quitclaim was read and und