SAMUEL BOADI VS CRANE HIRE GHANA LIMITED

(1) INTRODUCTION The plaintiff per his amended writ of summons and statement of claim filed on the 14th of October , 2019 prayed for the following reliefs against the defendant : -(a) Recovery of thirty two thousand United States Dollars (USD32, 000. 00) being salary, outstanding from May 2017 to August 2018.

b) Interest on the amount of thirty-two thousand United States Dollars (USD32, 000) referred to in reliefs (a) above from the 31st day of August 2018 to the date of final payment.

c) Recovery of the amount of one hundred and sixty-eight thousand, one hundred and six United States Dollars, eighteen cents (USD168, 106. 18) being the outstanding commission payable to the plaintiff.

d) Interest on the amount of one hundred and sixty-eight thousand, one hundred and six United States Dollars, eighteen cent (USD168, 106. 18), being the outstanding commission payable to the plaintiff from the 31st day of August 2018 to the date of final payment .

e) Recovery of the amount of two hundred and fourteen thousand, four hundred and fourteen Ghana Cedis, forty-six pesewas (GH¢214, 414. 46) being outstanding commission payable to the plaintiff.

f) Interest on the amount of two hundred and fourteen thousand, four hundred and fourteen Ghana cedis, forty–six pesewas (GH¢214, 414. 46) being the outstanding commission payable to the plaintiff from the 31st day of August 2018 to the date of final payment.

g) General damages.

h) Costs (i) Any other cost as this court may deem fit.

The defendant denied liability for the claims of the plaintiff.

The defendant claimed that the plaintiff was never its employee.

At the close of pleadings the following issues were set down by the court for determination: -(1) Whether or not the plaintiff was employed in the defendant company as its country director.

1. Whether or not the plaintiff was to be paid a monthly salary of two thousand United States dollars ($2, 000).

2. Whether or not plaintiff was to be paid a ten percent (10%) commission on all revenue generated by the company.

3. Any other issues that may arise from the pleadings.

4. PLAINTIFF’S CASE The plaintiff claimed he was employed on the 1st of June 2016 by the defendant as its company director and that per his terms of employment, he was to be paid a basic monthly salary of two thousand United States dollars (USD2, 000. 00). He claims he was also to be paid a ten percent (10%) commission, before tax, on all revenue generated for the defendant company.

The plain