LEONARD JUSTICE ADOM v. ANGEL EDUCATIONAL COMPLEX
2021
COURT OF APPEAL
GHANA
CORAM
- A. M. DOMAKYAAREH (MRS) J. A. PRESIDING
- A. B. POKU-ACHEAMPONG, J. A.
- S. K. A. ASIEDU, J. A
Areas of Law
- Employment Law
- Evidence Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Leonard Justice Adom, a senior administrator at Angel Educational Complex, challenged his indefinite suspension and nonpayment of late-2014 salaries as wrongful dismissal. The High Court awarded him three months’ salary, interest for three years, dismissed the school’s counterclaim, and granted costs. On appeal, Poku-Acheampong JA, writing for a unanimous Court of Appeal, examined forms of employment separation, concluding the school’s conduct amounted to summary dismissal. The Court clarified that, in private employment, natural justice requirements do not apply absent contractual procedures; instead, the determinative question is whether misconduct is proved. Finding the school’s serious allegations unproven—especially given its Founder’s failure to testify—and noting the criminal standard applies to such allegations in civil cases, the Court varied the judgment: it held the dismissal wrongful, awarded Adom 12 months’ salary with interest at the prevailing bank rate from November 2014, and granted the school’s GH¢13,990 counterclaim based on Adom’s admission. The appeal succeeded in part.
J U D G M E N T
POKU-ACHEAMPONG, J.A.:
This is an appeal against a Kumasi High Court judgment dated 12th May, 2020. For ease of reference the parties shall retain their designation used at the court below. Thus the Plaintiff/Appellant shall hereinafter be referred to as the Plaintiff and the Defendant/Respondent as the Defendant.
The Trial Judge ruled in favour of the Plaintiff and stated as follows at page 28.
“The Defendant Employer shall be liable to pay the Plaintiff/employee a sum equal to three (3) months’ salary to which the Plaintiff was entitled before the termination or dismissal as the case may be. Mr. Leonard Justice Adom in my view is entitled to pre judgment interest, in the circumstances, I order interest on the awarded sum at the prevailing bank rate for three (3) years. The Defendant counterclaim fails and same is hereby dismissed. The Defendant shall pay cost of five thousand Ghana Cedis (GH¢5,000.00) to the Plaintiff.
The victorious Plaintiff being dissatisfied and aggrieved by the quantum of the awards immediately filed a Notice of Appeal on 21/5/20 with the following as the Grounds of Appeal:
(a) The judgment is against the weight of evidence.
(b) The Judge misdirected himself in law.
Particulars of misdirection:
i. The Judge misdirected himself when he suo-motu replaced the reliefs the Plaintiff sought with a completely different relief to wit by replacing the wrongful dismissal of the Plaintiff with termination after the judge himself had found that he had been wrongfully dismissed.
ii. The Judge misdirected himself when he ordered that the Plaintiff be paid a sum equal to only 3 months’ salary to which he was entitled to before the dismissal of the Plaintiff.
The Plaintiff seeks the following reliefs from this Honourable Court.
(a) A reversal of the decision or order to replace the Plaintiff’s wrongful dismissal by the Defendant with Termination by the Defendant.
(b) An enhancement of the compensation package or quantum of damages awarded to the Plaintiff.
(c) An enhancement of the cost awarded the Plaintiff.
Facts:
The facts of this case are relatively simple and straight-forward. The Plaintiff was first appointed a teacher at the Defendant School Angel Educational Complex in December 2004. In 2008 Plaintiff avers that he was appointed Acting Assistant Headmaster of the Junior High School (JHS) wing of the School Complex.
In 2011 he was confirmed as the Substantive Assistant Headmaster of the J.H.S.
In 2011 – 2012