ACCRA BREWERY LIMITED vs. JOHN TAGOE

MARIAMA OWUSU, J.A.: This is an appeal against the decision of the High Court, Accra, dated 10-6-2009. In the said decision, the court gave judgment for the plaintiff and held among other things that: “The incident that led to the wrong findings to the mind of this court was a struggle only. If this had been properly ascertained, by ART 39 of C.B.A. – Exhibit 4, it may just merit a warning letter as sanction and definitely not termination. The termination of the plaintiff’s appointment is not only unfair but wrongful. The first issue on the application for direction has been established by the plaintiff on the preponderance of the probabilities.” The court then awarded the plaintiff damages saying, there had been breach of the contract of employment between the parties. Dissatisfied with the decision of the High Court, the defendant/appellant appealed to this court. The defendant filed as many as ten (10) Grounds of Appeal. They are: i. The judgment is against t...