2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Agnes M. A. Dordzie, J.A., writing for the Court of Appeal, reviewed the High Court’s judgment in a dispute between a long-serving employee and director of the 1st and 2nd defendant companies and their officers. The plaintiff alleged sexual harassment by the 3rd defendant, withdrawal of work schedules, stoppage of commission, and denial of medical and vehicle maintenance refunds, and sought monetary and injunctive reliefs. The High Court had granted most monetary claims and dismissed the companies’ counterclaim. On appeal, the Court held that the USD 400,000 claim and director’s allowance were unlawful absent an ordinary resolution under section 194 of Act 179 and, in any event, unproven. Commission arrears, medical bill refunds and vehicle maintenance were special damages not pleaded and strictly proven. The Court refused to pierce the corporate veil, set aside the injunction against victimization, granted the companies’ counterclaim to restrain the plaintiff’s use of the companies’ address and trade secrets, and awarded costs of GH¢10,000.
A. M. DORDZIE, J.A.:
The plaintiff who is now the respondent in this appeal is an employee of the 1st and 2nddefendantappellant companies since 1985. She became one of the directors of the companies when one of the directors died. The 3rd and 4th defendants are directors and shareholders of the said companies. The plaintiff alleged that the 3rd defendant subjected her to sexual harassment throughout her period of employment with the companies. According to plaintiff, relationship between her and the 3rd defendant who is the Managing director of the 1stdefendant company became unpleasant in 2010 when she turned down his proposals to spend time with him on holiday in the USA.
She was removed as a director of the companies, her work schedules were taken from her,she was denied payment of some allowances she was entitled to and she was generally discriminated against in the work place.
She therefore instituted an action at the High Court against the defendants jointly and severally praying for the following reliefs as per the amended writ of summons filed on the 14th of November 2014
1. A declaration that the purported “Termination of appointment as Director” of the 1st Defendant Company is void.
2. Declaration that the purported “Termination of appointment as Director” of the 2nd Defendant Company is void.
3. An order that the plaintiffs’ monthly allowance of GH¢500 as Director in the two defendant companies be paid.
4. The sum of GH¢3,500 being the unpaid amount due to plaintiff as director’s allowance for the months of June, July and August in the year 2010 and for the months of September, October, November and December, 2011.
5. The sum of USD$400,000.
6. The plaintiffs’ monthly allowance equivalent to the Sales Manager’s monthly commission on sales from December 2010 to date.
7. Refund of all payments of medical bills and monies paid for repairs and maintenance of vehicle used by plaintiff for official duties.
7a. an order directed at the defendants to pay to the plaintiff all other entitlement found due to the plaintiff.
8. Compensation for sexual harassment and victimization by the 3rd defendant and also discrimination against the plaintiff by the defendants contrary to the provisions of the 1992 Constitution.
9. An order of injunction to restrain the 3rd defendant from further sexual harassment of plaintiff.
10. An injunction to restrain the defendants from victimizing and discriminating against the plaintiff.
11. Interest on