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MISS SUSAN DOWKOR FOR MICHAEL AMAFU-DEI FOR RESPONDENT

1999

COURT OF APPEAL

GHANA

CORAM

  • Wood, J.A. (Presiding)
  • Benin, J.A.
  • Afreh, J.A

Areas of Law

  • Employment Law
  • Civil Procedure
  • Evidence Law
  • Administrative Law

AI Generated Summary

The Ghana Court of Appeal, per Wood, J.A. (presiding), with Benin, J.A., and Afreh, J.A., addressed an employment-termination dispute arising from SSNITs letter of 19 June 1992 that ended the appellants appointment for using unacceptable language in response to a query, said to contravene Trust procedures. SSNIT paid termination benefits since it was not a summary dismissal. The appellant sought a declaration of nullity, reinstatement, or damages, alleging misapplication of rules, improper disciplinary committee composition and an unauthorised signatory. A preliminary objection to the respondents late written answer under C.I. 19 r.20 was rejected; the Court held it could enlarge time and r.20(8) only barred parties who filed nothing. On the merits, the Court found Exhibit 2 (Senior Staff Rules of Service) governed the appellant, Exhibit F (collective agreement) applied to junior staff, Exhibit 2 was admissible (no stamp/seal required under PNDCL 247), the committee lawfully included departmental representatives, and management authorized termination with the manager merely conveying the decision. The appeal was dismissed.