KOFI ADJEI-DADZIE & ANOR vs TELEFONIKA GHANA LIMITED & ORS

INTRODUCTION

Per their amended writ of summons and statement of claim filed on the 7th day of August, 2019, the plaintiffs sought the following reliefs against the defendant: -

a) A declaration that the purported termination of the plaintiffs’ contract of employment is unlawful, unfair and without basis.

b) An order for the payment to plaintiffs of their full salaries, increments and all other benefits from the date of their purported dismissal till date of judgment.

c) An order for the payment of plaintiffs’ social security contributions from the date of their employment till final judgment.

d) General damages for wrongful dismissal.

e) An order for the payment of the amount of GH¢4, 000 to the 1st plaintiff.

f)Legal cost. The defendant denied liability for the claims of the plaintiff and at the close of pleadings the following issues inclusive of additional ones filed by the defendant were set down by the court for determination: -

1. Whether or not the purported termination of the plaintiffs’ contract of employment is unlawful, unfair and without basis?

2. Whether or not the plaintiffs are entitled to the payment of their full salaries, increments and all other benefits from date of their purported dismissal till date of judgment?

3. Whether or not the plaintiffs are entitled to their reliefs endorsed on their writ of summons?

4. Whether or not the 1st plaintiff paid an amount of GH¢4, 000 on admission of stealing?

5. Whether or not the amount of GH¢4, 000 was paid under duress?

CASE OF PLAINTIFFS

The plaintiffs said that they were employees of the defendant till on or about August, 2016 when they were arrested by the police, charged with and prosecuted for the offences of conspiracy and stealing of a Samsung galaxy Note 7 phone belonging to the defendant (their employer). According to the plaintiffs, the 1st plaintiff was employed by the defendant on 15th June, 2015 and the 2nd defendant was employed in the year 2006, also in the month of June.

In the year 2016 the plaintiffs were arraigned by the police before the District Court, Accra Central on a complaint lodged against the plaintiffs by the defendant.

They were charged with conspiring to steal and stealing a galaxy note 7 Samsung mobile Phone.

After the trial before the District Court.

They were both acquitted and discharged by the trial court.

The plaintiffs claimed that after their acquittal and discharge they wrote to the defendant requesting to resume work but the defendant