[2012]DLCA7034 • April 20, 2012 • Court of Appeal
GEORGE A. LARBI vs. S.S.N.I.T.
The appellant, George A. Larbi, was employed by the respondent, SSNIT, and his appointment was terminated by a letter dated 19 June 1992. The termination was based on alleged misconduct involving unacceptable language used in response to a query. The respondent paid the appellant all his entitlements including provident fund balance, savings account balance, long service award, and salary in lieu of notice. The appellant challenged the termination as wrongful and null, seeking reinstatement or damages.
read moreWOOD, J.A. We dismissed this appeal from the decision of Her Honour Miss A.M.A. Dzordzie, as she then was sitting at the Accra Circuit court and reserved our reasons. We now give them. The facts giving rise to this action are simple and devoid of any complex legal issues. Not unsurprisingly, the evidence led on both sides is equally straightforward and brief. It is therefore surprising that this appeal is based not only on five main grounds but raises also very many issues of law, some of which were never raised at the trial. The facts which led to the commencement of these proceedings are that by a letter dated 19th June, 1992, the respondent corporation wrote to the appellant, terminating his appointment with the respondent. The letter indicated the grounds upon which the termination was based. It was alleged that, in answering a query sent to him he had “used unacceptable language in his replace to both the Regional Manager and Head of Personnel. Such conduct it was pointed ou.....