Ratio Decidendi


(2017) JELR 107512 (HC)    
High Court  ·  SUIT NO. IL/0082/2016 ·  14 Jul 2017 ·  Ghana

Ratio Decidendi

Core Terms Beta
employment contract
exhibit b
termination of plaintiff
burden of persuasion
exhibit c
labour act
redundancy payment
sufficient evidence
court finds
date of termination of employment
defendant’s case
economic reasons
obligation of a party
wrongful dismissal
affected employee
affected employees
burden of proof
civil actions
employment relationship
entire contract terms
following issues
french west africa
further employment contract
instant action
introduction of major changes
justice gifty dekyem
labour laws of ghana
legal right
light of the labour act
month pay
plaintiff’s employer
plaintiff’s employment
prima facie case
relevant provisions of the evidence decree
relocation cost us
standard computation of redundancy
statement of claim
termination of his employment contract
terminations of employment of workers
unanimous agreement
wrongful termination of appointment


Defendant was Plaintiff’s employer. Plaintiff averred that, he was employed by  Defendant between March 1986 and 1993 when the latter was called Caleb-Brett. Plaintiff averred that, in 1993, the company was sold to Q and Q Control Services  and Plaintiff continued to work with Q&Q from 1993 to 1998. By letter dated 21  July, 1998 (exhibit A), Plaintiff was employed by Intertek Testing Services Caleb  Brett at it’s Abidjan office as General Manager. By a further employment contract (exhibit B, same as exhibit 1) between INTERTEK COMODITIES and Plaintiff, the  latter was offered a position as an ex patriate to be stationed in Ghana as  REGIONAL MANAGER for FRENCH WEST AFRICA effective 1st July, 2011. The terms  of the contract were contained therein. By letter dated 1st June, 2016 (exhibit C),  Plaintiff’s employment was terminated by one month pay in lieu of notice. The  following were paid to Plaintiff on termination of his employment contract as  follows: 

1. One month…

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