Ratio DecidendiRatio Decidendi



CHARLES YANKSON ABOAGYE
V.
PRESTEA SANKOFA GOLD LTD

(2017) JELR 69806 (HC)    
High Court  ·  SUIT NO. IL/0098/2016 ·  5 Jun 2017 ·  Ghana
CORAM
JUSTICE GIFTY DEKYEM (MRS) JUSTICE OF THE HIGH COURT LABOUR DIVISION I ACCRA

Ratio Decidendi

Core Terms Beta
plaintiff
defendant
claim
exhibit b
balance of probabilities
circumstances
sufficient evidence
burden of persuasion
burden of proof
end of service benefits
party
plaintiff's evidence
plaintiff’s evidence
claim fails
collective bargaining agreements
contents of exhibit b.
court’s order
current commercial bank
date of final payment
defendant company
documentary evidence
evidence of the defence
exhibit
face of a denial
fact
ghana cedi equivalent
high court
interest
legal fees
letter
number of years
plaintiff of his end of service benefit
plaintiff of his retirement
plaintiff’s case
plaintiff’s end
plaintiff's favour
positive way
proof of the claim
provident fund
sum of ghs28,870.69
sum of usd56,836.53
terms of a contract of employment
terms of the employment contract
total amount
us dollars
witness statement

JUDGMENT

DEKYEM (MRS) J.

Plaintiff testified that, he was employed by Defendant Company from 20th April, 2008 until 24th December, 2015 when he retired. Defendant notified Plaintiff of his retirement by letter dated 16th December, 2015 (exhibit A). In a further letter dated 22nd December, 2015 (exhibit B), Defendant notified Plaintiff of his end of service benefit in the sum of USD56,836.53, Provident Fund in the sum of GHS28,870.69 and repatriation allowance of GHS2,000.00. Plaintiff testified that, Defendant averred that, it had detected an error in calculating his benefits in exhibit B, which error has not been brought to his notice. It is Plaintiff’s case that, Defendant has failed and or refused to pay the end of service benefits to him despite several reminders and appeals made to Defendant. Plaintiff therefore claims the following reliefs:

1. The Ghana Cedi equivalent of Fifty six thousand, eight hundred and thirty six US Dollars, fifty three cents (US$56,836.53) (at the current C…

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