RUBBY GOLLO v. BRITISH HIGH COMMISSION
2019
COURT OF APPEAL
GHANA
CORAM
- VICTOR OFOE J.A (PRESIDING)
- HENRY KWOFIE JA
- SIMON SUURBAAREH JA
Areas of Law
- Employment Law
- Contract Law
- Civil Procedure
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
An employee of the British High Commission was dismissed on allegations of visa-related fraud after initially being declared redundant. She claimed unlawful dismissal and sought to recover her redundancy package along with other benefits. The High Court dismissed her claims, and the Court of Appeal upheld this decision, finding that the procedures followed by the Defendant were lawful and in accordance with the terms of employment. The appeal was dismissed, and the Plaintiff was ordered to pay costs of GH2000.00.
HENRY KWOFIE JA:
This appeal is from the judgment of the High Court (Labour Division) Accra delivered on 20th February 2018. In that judgment the trial Court dismissed the Plaintiffs claims in its entirety.
The Plaintiff’s Writ of Summons against the Defendants was endorsed as follows:
a) A declaration that she was unlawfully dismissed from her employment
b) Damages for unlawful dismissal
c) A declaration that she is entitled to the redundancy package of GH₵117,000.27 which she had accepted from the Defendant
d) An order for the payment of GH₵117,000,27 as redundancy package to the Plaintiff
e) An order for the payment of interest on the said amount at the prevailing Bank rate from 30th November 2016 to the date of final payment
f) An order for the payment of the Provident Fund standing to the benefit of the Plaintiff
g) Costs
h) Any further order that this Court may deem fit.
Dissatisfied with the said judgment the Plaintiff/Appellant launched this instant appeal on 27th February 2018 on the following grounds:
a) The Learned Trial Judge erred when she substituted the issues set down for trial with different issues in determining the matter
b) That the learned judge erred when she held that the Plaintiff was not offered a redundancy package by the Defendant
c) That the Learned Judge erred when she held that the Plaintiff’s letter of acceptance did not amount to an acceptance of the offer of redundancy
d) That the Learned Trial Judge erred when she held that the Plaintiff/Appellant was not entitled to have her lawyer present at the disciplinary hearing
e) The Learned Trial Judge when she held that the Plaintiff had intervened in the Visa application process of Michael Nartey
f) The Learned Trial erred Judge erred when she held that the Defendant had proved the allegation of misconduct against the Plaintiff
g) The Learned Trial Judge erred when she held that the termination of the Plaintiff’s employment was lawful
h) The Learned Trial Judge erred when she held that the Plaintiff had abandoned her claim for the payment of the Provident Fund
i) The judgment delivered is against weight of evidence
j) Additional grounds of appeal to be filed on receipt of the judgment
The reliefs sought from the Court of Appeal is for an order that the Judgment of the High Court dated the 20th February 2018 be set aside and for the Plaintiff/Appellant to be granted the reliefs endorsed on the writ of summons.
The judgment appealed from is at pages 235 to 2