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SALLY ANN AMPOMAH & FRED NYARKO
V.
CADBURY GHANA LIMITED

(2017) JELR 107495 (HC)

High Court 18 May 2017 Ghana
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- Plaintiffs challenged the Defendant’s termination of their employment, which was purportedly done under a mutual separation clause (section 26) in their contracts; Plaintiffs contended termination was unilateral and without their consent.

Case Details

Suit Number:HRC/18/2013
Judges:JUSTICE GIFTY AGYEI ADDO J
Counsel:JOE ABOAGYE DEBRAH ESQ., FOR THE PLAINTIFFS; A. K. DABI ESQ., FOR THE DEFENDANT.

JUDGMENT

ADDO, J.

The Plaintiffs’ employment with the Defendant was severed by the Defendant per separate  letters both dated 10th May, 2011, to each of the Plaintiffs. 

Per the said letters, marked as Exhibits “AE” in relation to the 1st Plaintiff and “C” in respect  of the 2nd Plaintiff, the Defendant stated that it terminated the Plaintiffs’ employment under  section 26 of the terms and conditions of service for senior managers. 

The said section 26 of Exhibit “B” is on termination by mutual separation or mutual  agreement. It states as follows: 

26. 1 Mutual Agreement 

Without prejudice to items 25.1 and 25.3 above, the Company and the Employee may  terminate the contract of employment at any time by giving to the other not less than one  (1) month’s notice in writing or by the payment of one (1) month’s salary in lieu thereof  provided however that:

(i) in the case of termination by the Company it shall in addition to any payment  in lieu of notice, pay to the employee a termination be…

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