[2001]DLCA7466December 4, 2001Court of Appeal

PHILIP ISRAEL (PLAINTIFF/APPELLANT) vs. NESTLE GHANA LTD. (DEFENDANT/RESPONDENT)

ARYEETEY, J.A. Until his appointment with the respondent company as foreman was terminated on 4th December, 1997 the appellant had worked with the company for 26 years. As production foreman and therefore belonging to Senior Category B of the defendant company the service conditions, which governed his relationship with the company, was the CONDITIONS OF SERVICE FOR SENIOR STAFF OF NESTLE GHANA LIMITED, exhibit 5 appearing at page 85 of the record of appeal. The concluding paragraphs of the respondents’ termination letter in respect of the appellant, exhibit A, appearing at page 74 of the record of appeal, substantially give the reasons for the appellant’s termination. They read as follows: “It has been noticed that throughout the investigations into this matter you have exhibited yourself as a Foreman who cares less to nothing about Company’s property that had gone into wrong hands, for as long as you keep your ‘good name’ and your ‘position’. Management is satisf...