Ratio Decidendi



FELIX AHIAFOR
V.
DRY FOOD PROCESSING COMPANY LTD

(2016) JELR 107559 (HC)    
High Court  ·  SUIT NO INDC/39/2014 ·  24 Mar 2016 ·  Ghana
CORAM
JUSTICE LAURENDA OWUSU

Ratio Decidendi

Core Terms Beta
plaintiff
defendant
defendant company
court
exhibit
labour act
excuse duty
contract of employment
ct scan
defendant’s case
disciplinary committee
plaintiff’s case
sufficient evidence
supreme court
unlawful termination
witness statement
wrongful dismissal
accompanying statement of claim
address issues
civil case
civil suit
court finds
cross examination plaintiff’s witness
defendant’s evidence
defendant’s own collective bargaining agreement
degenerative disc disease
disciplinary action
employee provident fund
exhibit a
general damages
general secretary
instant action
medical report
own collective agreement
plaintiff produces
plaintiff’s visits
record of proceedings of tuesday
rules of evidence
said article
said exhibit
spine injury
termination of plaintiff
witness statement of plaintiff
wrongful termination
wrongful termination of employment

JUDGMENT 

The Plaintiff herein issued out this Writ of Summons against the Defendant  on the 18th of July 2013 claiming the following reliefs: 

(a) A declaration that the termination of Plaintiff’s appointment was wrong, unfair, unlawful and unjustified. 

(b) A declaration that Defendant Company in terminating his appointment breached its own Collective Agreement and the  Labour Act, Act 651. 

(c) General damages for wrongful termination of employment.

(d) An order that the Defendant Company’s 5% contribution to the Employee Provident Fund be worked out by the Defendant  Company, and paid to the Plaintiff forthwith.

(e) Cost including legal fees 

(f) Any further orders. 

THE PLAINTIFF’S CASE 

By an accompanying Statement of Claim, the Witness Statement of Plaintiff filed on the 9th of November 2015 and the Witness Statement of one  Dr. Andrews, filed on the 1st of February, 2016 the Plaintiff’s case is that he was employed by the Defendant Company on the 23rd of February 2005, as an Assistan…

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