JOSEPH TETTEH
V.
INTERTEK GHANA LIMITED

(2017) JELR 107596 (HC)    
High Court  ·  SUIT No. IL/0098/2016 ·  19 Jul 2017 ·  Ghana
CORAM
JUSTICE GIFTY DEKYEM
Core Terms Beta
plaintiff
defendant
tema
1st november
employment contract
burden of persuasion
constructive dismissal
exhibit b
defendant company
severance award
sufficient evidence
14th october
burden of proof
civil cases
civil matters
court finds
cross examination
essential term of the contract
hanna assi
mind of the tribunal of fact
obligation of a party
plaintiff’s case
purposes of this decree
appropriate office
breach of contract
civil case
defendant’s employee
employees’ service vehicles
employer’s conduct
evidence act
following issues
justice gifty dekyem
notice of his intention
outstanding annual leave
plaintiff’s claim
plaintiff’s service vehicle
relevant provisions
rule of evidence
stated date
sufficient evidence of the probability of his case
terms of employment

JUDGMENT 

In a writ filed on 26th July, 2016, Plaintiff sought the following reliefs: 

a. A declaration that plaintiff was constructively dismissed by the defendant  and same was unlawful and wrongful. 

b. An order against the Defendant to pay the Plaintiff his severance award in  accordance with practice at the Defendant Company. 

c. Damages for breach of contract. 

d. An order compelling the Defendant to return Plaintiff’s service vehicle. e. Costs including legal fees.


Plaintiff was Defendant’s employee initially stationed at Tarkwa. Plaintiff’s  employment was for an indefinite period. By letter dated 14th October, 2015  (exhibit B), Plaintiff was transferred to Tema to begin work by 1st November,  2015. Plaintiff was to let Defendant know what reasonable assistance he needed  to help with moving any of his personal effects. It is Plaintiff’s case that he  shuttled between Tema and Tarkwa in the performance of his duties. He averred  further that, appropriate office was not provided h…

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