THEOPHILUS MENSAH vs RIDGE ROYAL HOTEL

1. INTRODUCTION

The plaintiff, on the 8th of November, 2019, sued the defendant for the following reliefs:

a) A declaration that the termination of the plaintiff’s employment by the defendant was unfair, unjust, and wrongful.

b) General damages for unfair and wrongful termination of employment.

c) An order directed at the defendant to reinstate the plaintiff to his position or, in the alternative, an order for the defendant to pay the plaintiff a severance package in accordance with the terms of his employment, which is 2 months’ salary per each year of service.

d) An order directed at the defendant to pay the plaintiff his full gross salary arrears in the sum of a monthly salary of five thousand, nine hundred and sixty-seven cedis, twenty-nine pesewas (GH¢5,967.29) from the date of the purported termination of his employment (December 2018) to the date of final judgment.

e) An order directed at the defendant to pay the plaintiff the amount of six hundred cedis (GH¢600.00) being the salary differential owed to the plaintiff by the defendant for the months of September and October 2010.

f) Interest on the sum of six hundred cedis (GH¢600.00) from the 1st day of November, 2010, till the date of final payment.

g) Cost of this suit inclusive of legal costs.

The defendant denied liability for the claims of the plaintiff and stated that its termination of the plaintiff was in accordance with the terms and conditions that governed the plaintiff’s employment with the defendant and that the plaintiff was duly paid all his entitlements.

At the close of pleadings, the following issues were set down by the court for determination:

1. Whether or not the termination of the plaintiff’s employment by the defendant was unfair, unjust, and wrongful?

2. Whether or not the plaintiff is entitled to receive a severance package from the defendant covering the period August 2010 to 5th December 2018, being the day of termination of his employment by the defendant?

3. Whether or not the plaintiff breached any known disciplinary and procedural rules of the defendant by writing to the defendant’s General Manager and copying the same to the board of directors, to warrant the termination of his employment?

4. Whether or not the defendant owes, and the plaintiff is entitled to, the amount of six hundred cedis (GH¢600.00) being the salary differential for the months of September and October 2010 with interest calculated from the 1st day of November, 2010, till the date of