Peter Ofori v. Association of Rural Banks
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP PATIENCE MILLS- TETTEH (MRS.), J
Areas of Law
- Employment Law
- Contract Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff, after serving the defendant as an account supervisor for sixteen years, resigned expecting his entitlements under the 2012 conditions of service. However, the defendant signed a new 2014 conditions of service three days before his resignation took effect, requiring the plaintiff to settle alleged debts. The plaintiff filed a legal action claiming the 2012 conditions should apply to him. The court ruled in the plaintiff's favor, determining that the 2012 conditions were in effect at his resignation time, ordered the defendant to calculate and pay his entitlements and bonuses accordingly, and awarded costs to the plaintiff.
After sixteen years of service in defendant’s employ as an account supervisor, the plaintiff herein resigned expecting to be paid his entitlements worth GHC39, 153. 28, his expectations were however cut off when the defendant employ quickly signed another conditions of service three days before his effective date of resignation.
Consequent to the new arrangement under the new conditions of service the defendant employ wrote to him demanding the settlement of his indebtedness of an amount of GHC4, 030. 80 which according to the defendant the plaintiff owed his employers, his account with his employers was therefore in the negative.
The plaintiff contended that he has not been fairly treated and therefore instituted this action on the 9th of July 2015 against his now former employers for the following reliefs: 1. A declaration that the conditions of service for employees of the secretariat of the Association of Rural Banks Ghana (2012) was applicable to the plaintiff at the time of his resignation from the Association of Rural Banks Ghana 2. An order of the court directing the defendant to pay an amount of GHS39, 762. 05 being the total entitlement due the plaintiff from his end of work benefits and his contribution to the Provident Fund of the Association.
3. A further order of the court for the defendant to pay the plaintiff a share of his bonus to the employee for the year 2014 on pro rata basis 4. Interest contained in the reliefs I, 2 and 3 above from 1st December 2014 to the date of final payment.
THE CASE OF THE PLAINTIFF It is the case of the plaintiff that his offer of employment as an account supervisor in the secretariat of the defendant Association of rural banks took effect from 1st September 1998 with a salary of GHC2, 447. 08 per month.
The letter of appointment stated that the plaintiff was to be subjected to the general conditions of service of employees of the secretariat at the Association of Rural Banks.
The plaintiff stated that he resigned on 29th October 2014 after 16 years of dedicated service to the defendants and per a letter dated 18th November 2014 the defendant accepted the plaintiff’s resignation but stated that he should rather resign on the 28th of November 2014 instead of his preferred date of resignation which was 31st December 2014. According to the plaintiff, there were conditions of service for the staff of the defendant which applied to all the employees of the defendant and at the time the plaintiff tendered his