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MOSES AYAMBUNI v. TENKO PLAZA HOTEL

November 24, 2010

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP, JUSTICE UUTER PAUL DERY

Areas of Law

  • Employment Law
  • Evidence Law

AI Generated Summary

This High Court judgment, authored by Justice Uuter Paul Dery, arises from Moses Ayambuni’s claim against Tenko Plaza Hotel for wrongful dismissal and related relief. Ayambuni, who served as chief security officer under an oral arrangement, alleged he was summarily dismissed on 21 January 2008 by Managing Director William Boateng Tenkorang, following unproven accusations of collusion to sell the hotel. The defendant denied any employment relationship, describing Ayambuni as a trusted acquaintance intermittently engaged. The court, however, relied on pay-slips (Exhibit A) showing monthly salaries from August to December 2007 and the defendant’s letter (Exhibit C) acknowledging a “period of employment” to find an employer-employee relationship. Preferring Ayambuni’s and P.W.1’s testimony over the Managing Director’s account, the court held the dismissal occurred and, applying sections 16(a) and 17(1)(b) of the Labour Act, deemed it unlawful for want of notice or pay in lieu. Damages awarded included January 2008 salary (GH¢87), three months’ salary (GH¢261) as general damages, and costs (GH¢1,000).

JUDGMENT