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LOUIS NORTEY
V.
KINAPHARMAH LTD.

(2013) JELR 65747 (HC)

High Court 28 Mar 2013 Ghana
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- Plaintiff’s claim for commission was dismissed; the Court held that entitlement to commission/bonus depended on actual sales made and paid for, not merely orders secured, per the express terms of the employment contract and bonus scheme.

Case Details

Suit Number:SUIT NO: TRIL 3/10
Judges:JUSTICE KWABENA ASUMAN-ADU
Counsel:MR. ROBERT PAPPOE HOLDING MR. BANNERMAN WILLIAMS BRIEF FOR THE PLAINTIFF,MR. KWAME BOATENG FOR THE DEFENDANT

JUDGMENT

The Plaintiff herein, Louis Nortey was employed by the Defendant Company in the year 2004 as a Director in charge of international marketing and exports in the sub-region on a net salary of US$2,000.00 per month. He avers that as part of his remuneration, it was agreed between him and the Defendant that he would be entitled to a commission on orders for the supply of drugs he would be able to secure for the Defendant. In the course of his employment with the Defendant which ended in 2008, he was able to secure a total value of orders worth US$3,983,833.34 for the Defendant Company and he was entitled to be paid a total commission of US$22,167.45 which the Defendant has refused to pay him.

In addition to that whilst in the employment of the Defendant Company he contributed to a welfare fund and provident fund. Between 1st August, 2004 and 31st December, 2008 he contributed GH¢159.00 to the welfare fund and GH¢1,892.66 to the provident fund which he is entitled to be paid. Since …

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