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April 18, 2024
COURT OF APPEAL
GHANA
NOVISI ARYENE JA:
By a Writ of Summons and Statement of Claim filed before the Circuit Court, Accra on 30 th July 2015, Plaintiff sought reliefs endorsed therein against the Defendant. On 26 th of August 2022, the Trial Court entered part judgment in favour of the Plaintiff and dismissed his other reliefs. Dissatisfied with the decision, Plaintiff is by Notice of Appeal filed on 21 st November 2022, seeking an order reversing th e Trial Court's J udgment, and for further orders granting reliefs endorsed on the Writ of Summons and setting aside costs of GH¢2,000.00 awarded against him. In this appeal, Plaintiff will be referred to as Appellant and the Defendant, as Respondent.
FACTS
Appellant contends that by an Appointment Letter dated 20 th June 2000, he was employed by the Respondent under terms which entitled him to allowances and End of Service Benefits. His appointment was confirmed by a letter dated 11 th June 2001. He was promoted to the rank of Assistant Supervisor by a letter dated 18 th February 2010 which indicated that the terms of conditions of his employment remained unchanged.
Appellant says he resigned from the employment of Respondent on 30 th April 2015, (after working for a period of fourteen years and ten months) and applied for his entitlements. He contends that computing his entitlements per the terms of his appointment letter dated 17 th June 2000, he is entitled to End of Service Benefits in the sum of GH¢24,408.00 representing 168 days of accumulated leave; 268 forfeited offduty days and refund of GH¢400.00 unlawfully deducted from his salary by Respondent.
Appellant contends that all attempts to get Respondent to pay him his entitlements went unheeded, hence the instant action by which he seeks the following reliefs:
I. Cash in the sum of GH¢24,408.00 representing End of Service Benefit, accumulated leave of 168 days, 268 offduty days which Plaintiff was called upon to work and GH¢400.00 which the Defendant company unlawfully deducted from P laintiff's salary which the Plaintiff has persistently demanded the debt owed him by the Defendant company.
II. Interest on the said amount at the prevailing bank rate till the date of payment.
Respondent entered appearance and per Statement of Defence filed on 27 th of August 2015, denied A ppellant's claims and put him to strict proof thereof. Respondent averred that per the terms of A ppellant's employment, he was entitled to annual leave of fifteen working days. Respondent contende
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 employer s 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 Act s burdens, confirmed that the 2001 confirmation letter superseded the earlier end-of-service clause, and upheld the costs award, remitting the matter for computation.