Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2016) JELR 107646 (HC)    
High Court  ·  SUIT NO. INDL/26/15 ·  23 Mar 2016 ·  Ghana

Ratio Decidendi

Core Terms Beta
labour act
redundancy exercise
contract of employment
purported redundancy exercise
complete year
months of plaintiff
redundancy pay
trade union
date of judgment
fair termination
general damages
monthly salary
month’s salary
plaintiff’s employment
purported redundancy exercise amounts
required notice
scheduled date
severance pay
unlawful termination
abuse of an employer
amount of redundancy pay
award of damages
case of the defendant
cross examination
employee of the defendant
following issues
indefinite period
legal restrictions
plaintiff gratuity pay
relevant information
requisite notice
respect of the redundancy
restructuring exercise
statement of claim
statutory requirement
summary of case
termination of a worker
unlawful termination of the plaintiff
writ of summons
wrongful dismissal
year work



By her Writ of Summons and amended Statement of Claim, the Plaintiff claims the following against the Defendant: 

a. A declaration that the purported redundancy exercise amounts to unlawful termination of Plaintiff’s appointment. 
b. A further declaration that the redundancy exercise violates the Labour Act 2003, Act 651 and is therefore unlawful. 
c. An order for Defendant to pay Plaintiff her monthly salary from the 1st day of January 2015 till date of judgment. 
d. An order for the Defendant to pay Plaintiff three month’s salary in lieu of notice for the redundancy. 
e. An order for Defendant to pay to Plaintiff Gratuity Pay at the rate of twelve (12) months of Plaintiff’s gross salary for each complete year worked. 
f. An order directed at Defendant to pay in respect of the redundancy or severance pay to Plaintiff a Severance Pay at the rate of twelve (12) months Gross salary for every year work. 
g. An order for Defendant to absolve Plaintiff’s loans. 
h. An order for De…
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