JOSEPH ESSEL BINE v. ELECTRICITY COMPANY OF GHANA
2021
COURT OF APPEAL
GHANA
CORAM
- SOWAH, J. A. (PRESIDING)
- OPPONG, J. A.
- MENSAH-HOMIAH, J. A.
Areas of Law
- Employment Law
- Evidence Law
- Civil Procedure
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this Ghana Court of Appeal decision, Justice A. Mensah‑Homiah JA, with SOWAH JA (Presiding) and Oppong JA concurring, allowed an appeal from a High Court judgment arising out of a retirement-age dispute involving Joseph Biney and his employer, a limited liability company. The High Court had accepted Biney’s internal Personal Records Form date of birth (7 April 1957) and awarded lost salary, benefits, damages, interest, and costs after finding his retirement on 7 April 2014 premature and unfair. On appeal, the court re‑examined the evidence and SSNIT regulatory framework, noting Biney’s admitted 1976 SSNIT enrollment with a 7 April 1954 birth date, his failure to petition or subpoena SSNIT’s Director‑General, and inconsistencies in his educational and employment history. The court held the burden lay on Biney, found the employer justified in relying on SSNIT records and Regulation 26’s retirement age, and set aside all trial awards.
MENSAH-HOMIAH, JA:
INTRODUCTION
We commence this judgment with a notable quote from Julia Cameron that, ‘Art is one of the few careers without a mandatory retirement age’.
Given the stressful indicators in the corporate world, should one not be very accommodating to say: I am retired, good bye Tension, Hello Pension! That way, a man can do whatever he wants and whenever he wants it, provided he sufficiently prepares for Pension.
This appeal is taken against the Judgment of the High Court, Koforidua. For ease of reference and clarity, the designations of the parties at the Court below would be maintained.
By the said judgment dated 22nd November, 2018, the trial judge who was confronted with issues regarding conflicting date of birth and compulsory retirement age of the Plaintiff, accepted the date declared by the Plaintiff on his Personal Record Form with the Defendant at the time of his employment instead of an earlier date of birth captured in the records of the Social Security and National Insurance Trust (SSNIT). The trial judge proceeded to make consequential orders for payment of monies which did not sit well with the Defendant.
THE HISTORY
The Defendant is a Limited Liability Company registered under the laws of Ghana. Prior to this appeal, the Plaintiff was a Senior Accountant in the Defendant Company, having been given permanent employment per a letter dated 18th August, 2001. Following his appointment, the Plaintiff was given a Personal Records Form to complete and on it, he stated his date of birth as 7th April, 1957. Per section 1.3(a) of the said conditions of service of the Defendant Company, a date of birth once declared, shall not be amended.
As part of an exercise conducted by the Defendant company to reclassify contributors in the right pension scheme, the Plaintiff was directed to obtain his statement from SSNIT. Having done so, the Plaintiff alleges that he discovered his date of birth on the SSNIT statement was mistakenly indicated as 7th April, 1954 instead of 7th April, 1957. He therefore approached a couple of employees of SSNIT, both in Koforidua and Accra, to bring his date of birth in the SSNIT records in line with the date on his Employee Personal Record Form. These attempts did not yield any positive results.
On 26th August, 2013, the Defendant wrote to the Plaintiff, notifying him of his impending retirement on the attainment of 60 years on 7th April, 2014, based on the record available to the Defendant, that is, the