[1986]DLCA896 • June 26, 1986 • Court of Appeal
BOATENG vs. VOLTA ALUMINIUM CO LTD
The appellant, a production supervisor at Volta Aluminium Co Ltd, was terminated by the company without being given one month's notice but was paid one month's salary in lieu of notice. The appellant contended that termination without notice was lawful only in cases of serious misconduct such as fraud or dishonesty, and that his termination was unlawful as it did not comply with the agreed conditions of service. The company alleged misconduct by the appellant involving unauthorized removal of company property, which was not denied by the appellant.
read moreJUDGMENT OF ABBAN JA On February 1985 the High Court, Accra delivered a ruling dismissing an originating summons brought by the appellant, the production supervisor of the respondent-company (hereinafter called the company). On 18 November 1983, the company served on the appellant a letter terminating his employment with the company. The appellant was not given a month’s notice of termination of his services. He was rather given a month’s salary in lieu of such notice. The appellant contended that his employment could lawfully be terminated in that manner only where there had been a serious misconduct, fraud, dishonesty, or stealing on his part. Other than that his employment could also be terminated involuntarily for cause after a month’s notice and there was no option of payment of a month’s salary in lieu of notice, and since his termination was not in accordance with the conditions of service agreed between the employees on the one hand and the company on the oth...