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WILLIAM G.K. THOMPSON
V.
TOTAL GHANA LIMITED

(2008) JELR 63996 (CA)

Court of Appeal 31 Jul 2008 Ghana
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- The Court of Appeal held that an employer has no implied right to suspend an employee absent an express or implied contractual provision authorizing suspension; suspension imposed without such authority is a nullity (Lando v. Angelo; Hanl

Case Details

Suit Number:H1/124/2008
Judges:QUAYE JA [PRESIDING], APALOO JA, GYAESAYOR JA
Counsel:MR. PEASAH BOADU FOR DEFENDANT/APPELLANT; MR. HAYIBOR DJABENG FOR THE PLAINTIFF/RESPONDENT.

JUDGMENT

QUAYE, JA

The plaintiff/respondent herein claimed in his evidence in the trial court that he was employed by, and remained in the service of the defendants/appellants for sixteen years. This allegation of fact did not raise an issue in the eyes of the appellants. No issue was therefore joined on this allegation. It stands out however that neither in his writ of summons, the statement of claim, nor in his evidence before the court below, did the respondent give any indication as to when exactly his relationship with the appellants as employee started.

The relevant issues pertaining to this appeal dated from a correspondence under confidential cover, bearing the date of 18th November 2004, by which the appellants appointed the respondent as Retail Network Development Manager. That appointment was to take effect from 1st January 2005. (refer to exhibit A). The employer-employee relationship between the appellants and the respondent continued, presumably, satisfactorily, until the a…

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