Ratio Decidendi



YAW ASARE DARKO
V.
GHANA PORT & HARBOUR AUTHORITY

(2006) JELR 65655 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/263/2005 ·  27 Jul 2006 ·  Ghana
CORAM
ESSILFIE-BONDZIE [PRESIDING], GBADEGBE J.A., ANIN-YEBOAH J.A.

Ratio Decidendi

Core Terms Beta
legal officer
learned trial judge
contractual duties
full trial
high court
rank of a senior legal officer
plaintiff redundancy benefits
administration manager
takoradi port
plaintiff
acting port personnel
higher position
main issue
exigency of work
management of the defendant company
defendant
trial judge
defendant authority
non-legal duties of personnel
record of appeal
collective agreement
fundamental breach of the terms of his employment contract
legal department of the defendant authority
said arrest
related work
constructive wrongful dismissal
new posting
report of the committee of inquiry
letter of resignation exhibit
act of bad faith
trial court
weight of evidence
normal duties of the officer
respective claims
committee of inquiry
exhibit c
following acts
administrative change
rank of senior legal officer
legal issues
28th september
way of reply
high court judge
serving officer
core duties
defendant company

JUDGMENT

KUSI-APPIAH, J.A.

By his amended writ of summons at the High Court, Tema, the plaintiff/respondent (hereinafter referred to as the plaintiff) sued the defendant/appellant (hereinafter simply referred to as the defendant) claiming the following reliefs:

(1) Damages for constructive wrongful dismissal

(2) Exemplary damages

(3) An order compelling the defendant to compute and pay plaintiff all his terminal benefits together with Interest

(4) Alternatively to 1 and 2 above an order that defendant computes and pays to plaintiff redundancy benefits due to him with interest by reason of the redundancy exercise embarked upon by the Defendant Authority.

The facts relied on by the parties to establish their respective claims were not complicated. The plaintiff's case was that he is a lawyer by profession and was employed by the defendant on probation as legal officer on 1st February, 1992 and confirmed on 1st February 1993. The plaintiff averred that until 28th September, 2001, he had attaine…

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