MAWULI MUSTAPHA BRIMAH vs OLAM GHANA LIMITED

INTRODUCTION

On the 27th of February, 2019, the plaintiff caused to be issued out of the registry of this court a writ of summons and statement of claim against two defendants, namely, Olam Ghana Ltd. and Nutrifoods Ghana Ltd. , for certain reliefs endorsed on same.

The said two defendants entered conditional appearance on the 21st of March 2019. Thereafter the defendants brought an application for an order to strike out the name of the 2nd defendant on ground of misjoinder.

This court, after hearing the parties on the said application, granted same and ordered the plaintiff to amend his writ of summons and statement of claim to reflect the fact that the 2nd defendant’s name had been struck out of the writ of summons and statement of claim.

Consequently on the 8th day of July, 2019, the plaintiff amended his writ of summons and statement of claim.

Per this amended writ and statement of claim, the plaintiff sought the following reliefs against the defendant herein: (a) A declaration that the termination of the plaintiff’s employment by the defendant was unfair, wrongful and unlawful.

b) An order for the payment of the plaintiff’s salaries from 29th September, 2018 to the date of final judgment.

c) An order for the payment of the plaintiff’s entire end of service benefits calculated up to the date of final judgment.

d) An order for the payment of three (3)months basic salary for each of the three(3) years worked by the plaintiff and other benefits due to him under his contract of employment as compensation for unlawful termination.

e) General damages for breach of contract(f) Interest on (b) calculated at the prevailing commercial bank rate from 28th September, 2018 to the date of final payment.

g) Costs on full indemnity basis.

The defendant, in its statement of defence filed on the 7th of August, 2019, denied liability for all the claims of the plaintiff and insisted that its termination of the plaintiff’s appointment was lawful and justified and therefore the plaintiff was not entitled to the reliefs endorsed on his amended writ of summons and statement of claim.

ISSUES FOR DETERMINATION At the close of pleadings the court set down for determination the following issues: 1. Whether or not there existed between the parties during the plaintiff’s employment with the defendant a legally binding conditions of services for non-unionised staff of the defendant company? 2. Whether or not the defendant could have validly terminated the employment of t