[2019]DLCA7730 • July 17, 2019 • Court of Appeal
NEWTON BOTCHWEY MENSAH (PLAINTIFF/APPELLANT) vs. NESTLE GHANA LTD CO. LTD, GILES MONNIET AND JOSE HUMBERT-DROZ (DEFENDANTS/RESPONDENTS)
The Plaintiff/Appellant was employed by Nestle Ghana Ltd from 1974 until his termination in July 2006 as a Purchasing Officer. He was issued a query regarding improper purchasing procedures and subsequently terminated with immediate effect. The Appellant claimed wrongful termination, seeking reinstatement, damages for wrongful termination and emotional stress, and an order restraining the company from tampering with his entitlements. The Respondents contended that the termination was justified due to breach of duties involving procurement of overpriced invoices from non-reputable companies. The Appellant was paid all accrued benefits according to the company's Senior Staff Conditions of Service.
read morePOKU- ACHEAMPONG, JA: This is an appeal against wrongful termination of employment by a former senior officer of Nestle Ghana Ltd, a reputable multinational company operating in Ghana. The Plaintiff/Appellant who subsequently will be referred to as the “Appellant” brought an action against the Defendants/Respondents, hereinafter referred to as the Respondents, on 18th September 2006 at the High Court claiming the following reliefs jointly and severally against the Respondents. 1. An order of Court to set aside the letter dated July 26th 2006 terminating the appointment of Plaintiff as being null and void. 2. An order for reinstatement of the Plaintiff to his former position without any new conditions forthwith. 3. An order of court to 1st Defendant Company restraining the company from tampering with all the entitlements of the Plaintiff forthwith. 4. Damages for wrongful termination of Plaintiff’s appointment in the sum of ¢500 million cedis. 5. Damages for emotional s...