[2017]DLSC4665 • July 26, 2017 • Supreme Court •
REPUBLIC vs. HIGH COURT, ACCRA (INDUSTRIAL& LABOUR DIVISION COURT 2) EX PARTE; PETER SANGBER-DERY AND ADB BANK LTD
The applicant, Peter Sangber-Dery, was an employee of Agricultural Development Bank Ltd (ADB Bank). In November 2015, the Bank declared him redundant and terminated his employment, paying what it considered just entitlements. The applicant claimed wrongful termination and sought a declaration that the redundancy without agreement on pay was unlawful, an order for redundancy pay calculated at three months' salary per year of service less severance paid, and general damages for wrongful termination. The Bank contended that severance pay was negotiated and consistent with industry practice.
read moreBENIN, JSC:- The applicant herein was an employee of the Agricultural Development Bank Ltd., the Interested Party herein, to be described as the Bank. In or about November 2015, the Bank declared the applicant redundant and consequently terminated his appointment. The Bank paid the applicant some benefits which the Bank considered to be his just entitlements. The applicant, believing that he has been unjustly removed from office, instituted an action by way of a writ of summons accompanied by a statement of claim (exhibit PS1) at the High Court claiming, inter alia, these reliefs: 1. A declaration that the termination of the plaintiff's employment by way of redundancy without agreeing with the plaintiff on the amount of the redundancy pay and the terms and conditions of the payment thereof is unlawful and in breach of the contract of employment of the plaintiff. 2. An order directed at the defendant to pay the plaintiff redundancy pay calculated at three (3) months of plaintiff's sa...