SAMPSON ASARE
V.
GRANITES AND MARBLES CO. LTD

(2011) JELR 69762 (HC)    
High Court  ·  SUIT NO.INDL/42/10 ·  20 Jan 2011 ·  Ghana
CORAM
JUSTICE KWABENA ASUMAN-ADU
Core Terms Beta
plaintiff
defendant
case
employee
court
evidence
salary
general damages
wrongful dismissal
defendant company
lieu of notice
month’s salary
collective bargaining agreement
appointment letter
disciplinary committee
supreme court
disciplinary procedures
interlocutory judgment
statement of claim
unpaid salary arrears
back pay
date of dismissal
disciplinary action
dismissed employee
entitlement of the plaintiff
exhibit b.
full pay
general principle
high court
letter of dismissal
long service awards
month’s pay
own merit
parkinson howard ltd.
plaintiff’s contract
relevant circumstances
security officer
spite of the fact
state hotels corporation
such general damages
summary dismissal
terms of employment
various articles
various authorities
volta aluminum co. ltd. no.
work schedule

JUDGMENT

The Plaintiff instituted this action against the Defendant on 3rd February, 2010 per Writ of Summons and a Statement of Claim. He, however, filed an Amended Writ and a Statement of Claim on 16th April, 2010 claiming against the Defendant as follows:

i. 75 days (2 1⁄2 month) Salary with Allowances for leave earned @ GH¢220.31 per month, making GH¢550.78.

ii. Four months unpaid Salary arrears as follows:

September, 2009 --- GH¢ 220.31

October, 2009 --- GH¢ 220.31

November, 2009 --- GH¢ 220.31

1st – 15th December, 2009 --- GH¢ 110.15

TOTAL --- GH¢ 771.08

iii. Plaintiff does not merit summary dismissal and, therefore, entitled to one month’s Salary in lieu of notice which is GH¢220.31.

iv. Recovery of “Back Pay” for 5 years to compensate for “no increment in Salary” which is GH¢ 272.00 earned by staff across board.

v. General Damages for wrongful dismissal in the sum of GH¢200,000.00.

vi. Costs occasioned by this suit.

The Defendant entered appearance on 16th February, 2010 but failed to file…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login