[2012]DLCA6513 • March 1, 2012 • Court of Appeal
METROPOLITAN INSURANCE CO. LTD. vs. FRANCIS NSIAH-AFRIYIEE
The plaintiff was employed as Chief Financial Officer (CFO) by the defendant company under a contract that included a three-month notice period or payment in lieu thereof. After allegations of embezzlement and internal investigations, the plaintiff tendered his resignation with three months' notice. The defendant accepted the resignation but brought forward the termination date, effectively shortening the notice period. The plaintiff sued for salary in lieu of notice, accrued allowances, payment for accumulated leave commuted to cash, bonuses, and interest. The defendant denied liability, claiming the right to waive the notice period without incurring liability and disputing the plaintiff's entitlement to some payments.
read moreF.G. KORBIEH, JA. The case of the plaintiff/respondent/cross-appellant (hereinafter only referred to as the plaintiff) at the trial court may be summarized as follows: he was employed by the defendant/appellant/cross-respondent (hereinafter only referred to as the defendant or defendant-company) as its Chief Financial Officer (CFO) by a letter dated the 5/9/2000 and signed by the Chief Executive Officer (CEO) of the defendant company. The plaintiffs letter of employment indicated that he would be furnished with his conditions of service in due course. Subsequently he was given the conditions of service which embodied many of the contractual terms of employment between the parties. One such term was that the employment may be terminated by either the Company or the employee giving notice to the other or payment in lieu thereof as follows:— Grade 5 and above - three months' salary in lieu of notice...' Another term was that the plaintiff was entitled to be paid a bonus at the e.....