EUNICE OPOKUA OTCHERE
V.
MONOLO PLANT LIMITED

(2017) JELR 107555 (HC)    
High Court  ·  SUIT No. IL/0046/2016 ·  7 Jun 2017 ·  Ghana
CORAM
JUSTICE GIFTY DEKYEM
Core Terms Beta
redundancy
evidence
burden of persuasion
redundancy pay
employment
redundancy package
sufficient evidence
12th november
chief labour officer
civil cases
exhibit b
introduction of major changes
labour act
mind of the tribunal of fact
obligation of a party
plaintiff’s employment
redundancy award
trade union
amount of redundancy pay
contemplated changes
court finds
employee of defendant
following issues
instant suit
justice gifty dekyem
justice of the high court
labour division
legal fees
maternity leave
payment of redundancy pay
plaintiff’s case
plaintiff’s claim
prima facie case
relevant information
said exhibit b
severance of the legal relationship of worker
standard of proof
termination of her appointment
terminations of employment of workers
unanimous agreement

JUDGMENT 

Plaintiff was an employee of Defendant, the latter being a company registered  under the laws of Ghana. Plaintiff was engaged in September, 2010. In 2014,  Plaintiff claims she fell pregnant and upon resumption from maternity leave in  May, 2014, one Klaudia Raphael, her immediate boss told her that, she must give  the company some more time before conceiving again. It is Plaintiff’s case that,  she conceived again between October/November 2015 and her belly began to  protrude visibly in February, 2016. Plaintiff averred that, on 15th February, 2016,  Defendant handed her a letter headed “REDUNDANCY” terminating her  employment on that ground. Plaintiff contends that, her pregnancy was the reason for the termination of her appointment which amounts to unfair  termination and further that, the redundancy award was determined unilaterally  by Defendant without negotiation contrary to provisions under the Labour Act,  2003 (Act 651). Plaintiff therefore claims against the Defen…

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