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JOHN ETSIBAH
V.
AFRICAN MINING SERVICES GH. LTD.

(2017) JELR 64649 (CA)

Court of Appeal 27 Mar 2017 Ghana
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- The case is an appeal against the judgment of the Circuit Court, Takoradi, which ruled in favor of the plaintiff/respondent (an auto electrician) who claimed wrongful termination of employment by the defendant/appellant (his employer). -

Case Details

Suit Number:CIVIL APPEAL NO: H1/4/17
Judges:HONYENUGA J.A. (PRESIDING), GYAN J.A., SUURBAAREH J.A.
Counsel:MISS PANDA ARNOH MENSAH FOR THE DEFENDANT/APPELLANT,MR. PHILIP BUCKMAN FOR THE PLAINTIFF/RESPONDENT

JUDGMENT

HONYENUGA, J.A.

This is an appeal filed by the defendant/appellant, (hereinafter called the appellant), against the judgment of the Circuit Court, Takoradi dated the 31st day of July 2014. The said Court entered judgment for the plaintiff/respondent (hereinafter called the respondent) on his relief claimed.

The facts of this appeal were that the respondent was an auto electrician of the appellant and earned US$477.28 a month. The respondent was said to have been involved in an illegal strike with other employees on duty, as a result, the respondent was interdicted and paid half his salary. The respondent was subsequently invited to appear before a Disciplinary Committee set up by the appellant having been accused of having “called emergency on the radio and also activated siren to gather workforce to hold on operation”. The respondent vehemently denied the accusation. Without following the disciplinary procedure in accordance with the Collective Bargaining Agreement, the appella…

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