ADJEI, J.A:
The Defendant/Appellant filed an appeal against the decision of the High Court, Labour Division, Accra which granted all the reliefs sought by the Plaintiff. The judgment of the trial High Court was delivered on 5th May, 2016. The Defendant dissatisfied with the judgment filed a notice of appeal against same on 26th July, 2016 to the Court of Appeal, Accra to reverse the entire judgment. For the purposes of this appeal, the parties shall maintain their respective designations before the trial High Court. The Plaintiff/Respondent shall be addressed as Plaintiff and the Defendant/Appellant as Defendant.
The brief facts of the case as could be gleaned from the record of appeal are that, the Plaintiff was an employee of the Defendant and there was a controversy about the Plaintiff’s date of birth. The Defendant retired the Plaintiff according to the age of the Plaintiff entered into his personal records when he was transferred from the Public Works Department to the Defendant’s establishment. The Plaintiff resisted her retirement and asserted that she prematurely retired before her 60th birthday and the retirement was unconstitutional, illegal and amounted to unlawful termination. The Plaintiff’s contention was that she was born on 21st May, 1956 and not 21st May, 1954 which was the date used to retire her by the Defendant. The reliefs sought by the Plaintiff, inter alia, are: a declaration that she was forced to retire prematurely is unlawful and unconstitutional; a declaration that the Plaintiff’s actual date of birth is 21st May, 1956; the Defendant’s letter dated 5th June, 2013 written to retire the Defendant prematurely amounts to unfair termination and/or wrongful dismissal and at the same time unconstitutional; an order directing the Defendant to pay all salaries due from the date of her premature retirement to the day of judgment; an order directed at the Defendant to amend its records to disclose that the Plaintiff was born on 21st May, 1956 , and an order directed at the Defendant to pay all salary arrears to cover the salary she should have earned between the time of her premature retirement and her actual date of retirement.
The Defendant compulsorily retired the Plaintiff at her 60th birthday in consonance with her Personal Details Form filled by her on 28th May, 1980 which gave her date of birth as 21st May, 1954. The Conditions of Service for Senior Staff Association which the Plaintiff was a member provided that every employee on
