ANGELA CARSON (PLAINTIFF) vs. PHYTO-RIKER (GIHOC) PHARMACEUTICALS LIMITED (DEFENDANT)

Plaintiff was employed on 15 February 1999 as an Executive Administrative Assistant by PhytoRiker Pharmaceuticals Ltd, USA (the American company), working for the defendant company Phyto-Riker (GIHOC) Pharmaceuticals Ltd (defendant), a Ghanaian pharmaceutical manufacturer. Plaintiff rose to Regional Manager Southern Ghana by May 2006. In April 2006, defendant informed plaintiff of a major ownership change and offered reengagement on diminished terms, including an end of service benefit. Plaintiff disputed the terms and did not accept the offer. Defendant treated this as rejection and terminated plaintiff's appointment effective 30 May 2006. Plaintiff claimed wrongful dismissal, unpaid benefits, discrimination regarding purchase of a company car, and other reliefs. Defendant denied employment relationship with plaintiff, asserting she was employed by PRP Ghana Ltd., a separate marketing company, and that payments made were under an arrangement due to PRP Ghana Ltd.'s cash flow difficulties. Defendant counterclaimed for damages for plaintiff's retention of a company vehicle after termination.

Plaintiff says that on 15th February 1999, she was employed as an Executive Administrative Assistant in defendant’s company. As at 26th May 2006, she was the Regional Manager (Southern Ghana) of defendant’s company. Her letter of appointment dated 15th February 1999, listed the terms and conditions of her engagement. Defendant company plaintiff pleaded, is in the business of manufacturing pharmaceutical products. Until the end of May 2006, plaintiff says she had worked for defendant for seven years. By a letter dated April 3, 2006, defendant informed the plaintiff that the company had undergone a major ownership change with the acquisition by Trans Africa Pharmaceutical Company Limited of the majority stake in the company. The ownership change has necessitated structural changes. The letter offered to re-engage the plaintiff as Regional Sales Manager on terms and conditions not only different but diminished in terms compared to what she had been enjoying. Attached to the le...