T. CHANDIRAM & COMPANY LTD. & OTHERS v. FAUSTINA TETTEH
2018
COURT OF APPEAL
GHANA
CORAM
- P. K. GYAESAYOR, J.A. (PRESIDING)
- A. DORDZIE (MRS), J.A
- I. O. TANKO AMADU, JA
Areas of Law
- Employment Law
- Corporate Law
- Evidence Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiff, employed and later a director since 1985 at the defendant companies, alleged sexual harassment and various victimizations by the 3rd defendant after rejecting his advances in 2010. She filed suit seeking reliefs including unpaid allowances, compensation for harassment, and more. The High Court partly ruled in her favor, dismissing defendants' counterclaims. The defendants appealed, citing procedural errors and insufficient evidence. The appellate court overturned the High Court’s judgment, finding the plaintiff's claims unproven and the award of USD 400,000 and directors' fees without legal basis under the Companies Act. The court also ruled the plaintiff failed to provide sufficient evidence for her claims and upheld the appeal, ordering relief for the defendants' first and second counterclaims.
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