JOSEPH ESSEL BINEY 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
The Court of Appeal (Ghana), per Mensah-Homiah JA with Sowah JA (Presiding) and Oppong JA concurring, reviewed a High Court judgment in a dispute over Joseph Biney’s retirement age. Biney, a Senior Accountant employed by a limited liability company, declared 7 April 1957 on his Personal Records Form, but SSNIT’s records showed 7 April 1954. He sought declaratory and monetary reliefs after the company notified him of retirement at age 60 effective 7 April 2014, and the High Court held his retirement was premature and unfair, awarding lost salary, allowances, damages, interest, and costs. On appeal, the court re-examined the record under the “against weight of evidence” standard, applied the Evidence Act burdens, and enforced SSNIT regulations that make its records authoritative unless corrected. It faulted Biney for not petitioning SSNIT’s Director-General or producing Form SS1, and inferred from his school and employment history that 1954 was accurate. The court held the employer acted lawfully, allowed the appeal, and set aside all orders.
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 sav: 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 weIl 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