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SETH ASAMOAH v WESTEC SECURITY SYSTEMS (GH) LTD

April 18, 2024

COURT OF APPEAL

GHANA

Areas of Law

  • Employment Law
  • Evidence Law
  • Civil Procedure
  • Contract Law

AI Generated Summary

On appeal from the Circuit Court, Accra, the Court of Appeal, per Novisi Aryene JA with Senyo Dzamefe JA and Gifty Adjei Addo JA concurring, addressed wage entitlements of a long-serving employee of Westec who resigned in April 2015. The employee claimed cash for 168 days of accumulated leave, 268 forfeited off-duty days, end-of-service benefits referenced in an initial offer letter, and a refund of GH. The trial court partly granted relief, awarding the deduction refund but otherwise rejecting his claims, including accepting the employers year-by-year leave encashment formula. On appeal, the court applied equity and the Adrah precedent to hold accumulated leave must be computed using the last monthly salary (GH) and accrue interest, rejected the off-duty claim for lack of proof under the Evidence Acts burdens, confirmed that the 2001 confirmation letter superseded the earlier end-of-service clause, and upheld the costs award, remitting the matter for computation.

JUDGMENT