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PETER BOACHIE
V.
PRECIOUS MINERALS MARKETING CO.

(2013) JELR 67690 (HC)

High Court 18 Oct 2013 Ghana
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- The plaintiff, a former Managing Director of the defendant company, claimed that his termination was unfair and wrongful, violating the Senior Staff Conditions of Service, the Labour Act, Act 651, and the 1992 Constitution. - The defenda

Case Details

Suit Number:SUIT NO. INDL 35/2012
Judges:KWABENA ASUMAN-ADU
Counsel:MAJOR T. A. DATEH FOR THE PLAINTIFF; MS. GERTRUDE ACHIREM HOLDING ACHI DANSO’S BRIEF FOR THE DEFENDANT.

JUDGMENT

ASUMAN-ADU, J.

The Plaintiff was until 29th July, 2009 the Managing Director of the Defendant Company. According to him his terms and conditions of service of employment was governed by Senior Staff Conditions of Service which adopted the 1992 Constitution on retirement and removal from office and same is particularly contained in Article 2.15 of the said Senior Staff Conditions of Service. The Board of Directors of the Defendant Company was reconstituted in 2009. The new Board had its maiden meeting on 9th July, 2009 and scheduled its next meeting for the middle of August, 2009. However, three weeks after the first meeting and for no stated reason, the Chairman of the Board by a letter dated 29th July, 2009 wrote to the Plaintiff terminating his appointment with effect from 4th August, 2009.

The Plaintiff contends that the termination of his appointment offends against the provisions of the Conditions of Service, the provisions of the Labour Act, Act 651 and the provisions of t…

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