MATILDA NWOSU vs. MILLICOM/TIGO GHANA LTD. & ORS.

The plaintiff, Matilda Nwosu, issued a writ of summons against Millicom/Tigo Ghana Ltd. and co-defendants claiming unfair dismissal under the Labour Act 2003 (Act 651), breach of contract, and gender-based discrimination during maternity confinement, contrary to the 1992 Constitution of Ghana. The plaintiff sought declarations, compensation for breach of constitutional rights and contract, damages, interest, and costs. The defendants denied the claims and filed a notice to admit or deny facts regarding the employment contract, termination notice, and entitlements. The plaintiff admitted the facts but asserted that her constitutional and legal rights were breached, particularly the prohibition on termination during maternity leave and the requirement for substantive justification and procedural fairness under the Labour Act and Constitution. The defendants moved to dismiss the suit based on the plaintiff's admissions, but the plaintiff opposed, emphasizing the fundamental nature of her constitutional rights. The court found that despite admissions of facts, the legal issues concerning breaches of constitutional and statutory rights required evidence and trial, thus dismissed the defendants' motion to dismiss and ordered costs against them.

The plaintiff/respondent herein issued out Writ of Summons on 12th May, 2009 against the Defendant/Applicant and the co-defendants herein jointly and severally for the following reliefs: A declaration that the dismissal of the Plaintiff was unfair under the Labour Act 2003 (Act 651) A declaration that the dismissal of the Plaintiff was a breach of contract A declaration by the Court that the dismissal of the plaintiff during the period of confinement was gender based discrimination and contrary to the provisions of the Constitution of the Republic of Ghana (1992) Order that the defendants pay compensation for breach of the Plaintiff’s constitutional rights Order that the defendants pay damages for breach of contract The award of a sum equal to the whole or any part of wages or other money lost past, present and future by the plaintiff as a result of the action the defendants Order for full attorney/client costs and that remedies ordered should take account of the d.....