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ISAAC KWESI NUAMAH
V.
GOLDFIELDS GHANA

(2024) JELR 112585 (CA)

Court of Appeal 30 Oct 2024 Ghana
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- The plaintiff sued the defendant in the High Court for various reliefs related to occupational ill-health suffered by the plaintiff. - The defendant filed a motion to dismiss the plaintiff's claims, arguing that they were statute-barred,

Case Details

Suit Number:H1/183/2024
Judges:DENNIS ADJEI, JA JANAPARE BARTELS-KODWO, JA AFIA SERWAH ASARE-BOTWE, JA
Counsel:MAKAFUI AKYEA-ANSAH FOR DEFENDANT/APPELLANT WITH PHILIP OBENG NYARKO & M.KWABENA ACHEAMPONG BOAFO. RICHARD BAFFOUR-AWUAH FOR PLAINTIFF/RESPONDENT LED BY KWESI MINTAH BENYIN.
Location:Accra

J U D G M E N T

ADJEI, J.A: The Plaintiff sued the Defendant in the High Court (Industrial and Labour Division, Accra for the following reliefs;

“a. A declaration that the chronic/ degenerative disease suffered by the employer (sic) is occupational ill-health.

b. A declaration that the Defendant, being an employer of the Plaintiff, is liable for the occupational ill-health suffered by the employee plaintiff.

c. An order for special damages directed at the Defendant as follows …

PARTICULARS OF SPECIAL DAMAGE

i. Payment for remainder of contract period owing to termination of employee’s contract by BCM @USD447/ month for 6 months at Gh¢5.34 to 1USD.

GHS

Loss of Income     -53,634.96

ii. Rent@15% of basic for 6 mths- 8,045.24

iii. 13% SSNIT empl. Contribution - 6,973.00

for P/F

iv. 10% emp. Contribution for P/F- 5,364.00

v. Medical Expenses Incurred - 1,150.00

vi. Payment of 70 months salary for

Early retirement on grounds of

Occupational ill-health in line with

Art. 11(b) of Collective Bargaining

Agreeme…

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