[2006]DLCA4872 • July 27, 2006 • Court of Appeal
YAW ASARE DARKO vs. GHANA PORT & HARBOUR AUTHORITY
The plaintiff, a lawyer employed by the defendant Ghana Port & Harbour Authority initially as a legal officer, was interdicted and suspended due to his alleged involvement in the arrest of vessels. After an inquiry, his interdiction was lifted and he was reassigned to a different role as Acting Port Personnel and Administration Manager at Takoradi, which he claimed was a fundamental breach of his employment contract. He resigned alleging constructive dismissal due to the reassignment and the defendant's conduct. The defendant denied wrongful dismissal, asserting the reassignment was a promotion and within the terms of service.
read moreKUSI – 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 t he 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 1993. The plaintiff averred that until 28th September 2001, he had attained the rank of a se...