SOCIÉTÉ GÉNÉRALE DE COMPENSATION v. MOSHIE ACKERMAN
January 24, 1972
COURT OF APPEAL
CORAM
- KOI-LARBI
- ANIN JJ.S.C.
- LASSEY J.A
Areas of Law
- Conflict of Laws
- Contract Law
- Employment Law
- Civil Procedure
January 24, 1972
COURT OF APPEAL
CORAM
AI Generated Summary
Soci t e G e9n e9rale de Compensation, a French company operating at Tema, Ghana, hired Mr. Ackerman as works supervisor under a three-year contract confirmed by exhibits A and B2 and including a four-month probation limiting termination to cprofessional or disciplinary reason. d On 6 July 1966 the company summarily dismissed him citing Paris instructions and a staff reorganisation, which did not fit the contractual ground. The High Court found wrongful dismissal and awarded a119,792.70, partly payable in French francs. On appeal, Justice Anin applied Lord Simonds b4 proper law test and the reasonable business approach, weighed Ghanaian and French connecting factors, and concluded Ghanaian law governed. He upheld damages for the remaining 33 months and benefits, found adequate mitigation, but varied the award to be expressed only in Ghanaian currency at the breach date. Justices Koi-Larbi and Lassey concurred. The appeal was dismissed, damages varied.
JUDGMENT OF ANIN J.S.C.
This appeal from a judgment of the High Court, Accra, highlights the important doctrine of the proper law of a contract in the field of conflict of laws or private international law. The basic facts for the ascertainment of the proper law were on the whole not in issue in this case. The real bone of controversy between the parties to this appeal was the application of the principles and rules of law to the facts of the case. Learned counsel for both parties invoked rival rules and presumptions in support of their opposing submissions on behalf of their clients.
Under a written agreement dated 4 April 1966 (exhibit A) and a supplementary agreement dated 13 June 1966 (exhibit B2), the plaintiff-respondent (hereinafter called the plaintiff) was employed as works supervisor by the defendants-appellants (hereinafter referred to as the defendants) at their building site at Tema. Both agreements are hereby reproduced in full:
"SOCIETE GENERALE DE COMPENSATION
55-57, AVENUE KLEBER Accra, 4th of April, 1966.
PARIS (16)
Translation
Mr. Ackerman,
P.O. Box 44,
Accra (Ghana)
Sir,
Following our conversation we beg to confirm the following:
(1) We hire you in quality of a works supervisor for the site opened by our company at Tema (Ghana).
[p.418]
(2) The duration of your contract is fixed to 3 years.
(3) The starting date of the contract is fixed to the 1st of April 1966.
(4) Your salary is fixed as follows: yearly: 48,000-French francs payable in 13 monthly instalments of 3,692.50 French francs.
(5) This contract is subject, as far as its final effectiveness is concerned to a probation period of 3 months (three months) starting on the 1st of April 1966. Should for a professional or disciplinary reason, during the said period, your contract be terminated, such termination will not desire any notice and no compensation shall be payable to you; the case will be the same if you decide to leave our company.
(6) You will have the benefit, of a total of 4 months vacation to be taken in two times thus 4 weeks after 18 months and the balance at the end of the contract.
(7) You will have the benefit, for your intermediary vacation, of one air ticket of a value equal to a travel Accra/Paris, economic class, round trip. (Accra/Tel Aviv direct). At the end of the contract an air ticket of same definition will be given.
(8) You will be under the authority of our management and its representative in Tema, at whose disposal you are to rema