SALLY ANN AMPOMAH & FRED NYARKO
V.
CADBURY GHANA LIMITED

(2017) JELR 107495 (HC)    
High Court  ·  HRC/18/2013 ·  18 May 2017 ·  Ghana
CORAM
JUSTICE GIFTY AGYEI ADDO J
Core Terms Beta
defendant
plaintiffs
section
relief
redundancy
senior managers
1st plaintiff
conditions of service
james boateng
angela dadzie
mutual agreement
plaintiffs’ employment
record of proceedings
17th june
burden of persuasion
case of termination
cross-examination of the defendant
grounds of mutual separation
meritorious service
mutual separation
agreed terms
allegation of fact
appointments of the plaintiffs
book essentials of the ghana law of evidence
contrary view
court find
cross-examination
day of 17th june
divergent positions
evidence act
exhibit b
interest of employees
member of the accra facility bcp team
month’s notice
negative comments
on termination
said letters
said section
senior managers of the defendant company
sufficient evidence
termination benefit

J U D G M E N T 

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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