NATHANIEL ADIKA
V.
ZAKHEM INTERNATIONAL CONSTRUCTION LTD

(2017) JELR 107623 (HC)    
High Court  ·  SUIT NO. IL/0042/2016 ·  24 Apr 2017 ·  Ghana
CORAM
JUSTICE GIFTY DEKYEM
Core Terms Beta
plaintiff
court
sufficient evidence
burden of persuasion
documentary evidence
exhibits e1
member of the union
collective agreement
high court
hourly rate
burden of proof
dated 30th may
exhibit d
mind of the tribunal of fact
obligation of a party
pergah transport limited
2glr561 ca
building materials workers union
burden of producing evidence defined
civil actions
civil procedure
court holds
defendant fails
defendant’s employee
e8 shows tuc dues of ghs24
employee’s pay
end of service benefit
evidence of plaintiff
excess of the normal working hours
exhibit g
following issues
hour lunch break
hours of work
justice gifty dekyem
limited liability company
normal hours
orders of the court
overtime salary
pay slips of members
plaintiff’s claim
relevant provisions of the evidence decree
required burden of proof
severance pay
west coast dyeing industry limited

JUDGEMENT 

Defendant is a limited liability company engaged in the business of construction.  Plaintiff was Defendant’s employee as a senior steel fixer foreman at the latter’s  Kempinski Hotel project in Accra. Plaintiff worked from 1st June, 2009 until 1st September, 2015 when his employment was terminated. Plaintiff was offered  GHS2,891.00 as end of service benefit but Plaintiff contended that, he ought to  have been given GHS64,161.22 instead in line with the Collective Agreement. Plaintiff thus refused the amount. Plaintiff therefore claims the following reliefs:

a. An order directed at Defendant to pay Plaintiff the liquidated sum of  GHC 33,393.06 as End of Service Benefits for the period 1st June 2009  to 1st September, 2015. 

b. An order directed at Defendant to pay Plaintiff the liquidated sum of  GHC 8,504.10 being overtime salary owed Plaintiff from January 2013  to September, 2015. 

c. An order directed at Defendant to pay Plaintiff the liquidated sum of  GHC 22,264.04 as o…

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