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
November 24, 2010
HIGH COURT
GHANA
CORAM
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JUDGMENT
On 04-09-2008, the plaintiff, Moses Ayambuni, caused a writ to be issued at the registry of this court whereby he claims the following reliefs:
(a) A declaration that his purported dismissal and/or termination of appointment is unlawful and illegal.
(b) General damages for wrongful dismissal.
(c) Payment of all his salaries and all entitlements due him up to date of judgment.
(d) Any other order or orders as the Court may seem fit.
The case of the plaintiff is that in February, 2007, he was employed as a chief security officer at the defendant’s company. He had been discharging all his duties until 21-01-2008 when the defendant made very unfounded and scandalous allegations against him, to wit that he was in collusion with other persons to sell his hotel. He denied the allegations and asked the defendant to prove same but all to no avail. When he informed the Managing Director, Mr. William Boateng Tenkorang, to provide him with evidence or else he would take up the matter the latter then told him that he was not ready to work with him and immediately dismissed him. His pleas to the Managing Director to pay at least his salary for January, 2008, proved futile.
The plaintiff thus says that his dismissal is unlawful and issued this writ seeking the reliefs stated above.
The defendant denies ever employing the plaintiff and states that its proprietor had a friendly relationship with the plaintiff based on trust. In pursuance of the trust relationship, the proprietor of the defendant company permitted the plaintiff to carry out some transactions on behalf of the company. The defendant decided to pay plaintiff remuneration in August, 2007, and made the plaintiff to assist with the security set up of the company.
The plaintiff was issued with a query the first month he was asked to assist with the security operation due to his attitude to work, that is, lateness to work, taking time off without permission, etc.
The defendant also denies making unfounded and scandalous allegations against the plaintiff and says they only cautioned him to be wary of his relationship with one Frank Boateng but plaintiff took offence and refused to have anything to do with the defendant and unilaterally stopped going to the hotel in January, 2008.
In reply, the plaintiff avers that he was working at Mensvic hotel in Accra when the defendant, represented by its Managing Director, asked him to leave and work with him. The relationship between him and the defendant w
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).