PATRICK LIBERTY AGBO vs. SAPE AGBO MEMORIAL HOSPITAL LTD AND DR. BEN AGBENU

The appellant was employed by the 1st respondent hospital in April 1995 as a Laboratory Technician and was placed in charge of the hospital laboratory. By letter dated 21 May 2014 (Exhibit A), signed by the 2nd respondent, the hospital informed him that it intended to modernise the laboratory and asked him to proceed on annual leave to allow a new Laboratory Technician to reorganise the unit. Shortly thereafter, by letter dated 6 June 2014 (Exhibit B), also signed by the 2nd respondent, the appellant was summarily dismissed on allegations that he had been collecting monies from patients for laboratory tests without accounting for them. The appellant contended that the dismissal deprived him of his salary and rent allowance, and that the hospital had also failed to honour an earlier promise contained in a letter dated 30 May 2011 (Exhibit C) to pay him end-of-service benefits of GH¢20,000 and GH¢400 monthly upon retirement. He further claimed unpaid SSNIT contributions. Portion of judgment pointing to this: “The plaintiff was employed as a Laboratory Technician in April 1995 per letter Exhibit E… On 21st May 2014… informed the plaintiff that it intended to modernise the laboratory… A few weeks later: on 6th June 2014… informed the plaintiff that certain underhand dealings… had been uncovered… for which reason, he was summarily dismissed.”

AGYEMANG JA: In this appeal against the judgment of the High Court Denu, the plaintiff/appellant seeks the following orders from this court: That the defendants/respondents be made to pay the plaintiff/appellant his entitlements, and a further order enhancing the quantum of damages, costs and the exiting package of the appellant. The facts of this matter are straightforward. The plaintiff/appellant (hereafter referred to alternately as the plaintiff, or the appellant), was the employee of the first defendant/respondent (hereafter referred to alternately as the first defendant or first respondent), a hospital. The plaintiff was employed as a Laboratory Technician in April 1995 per letter Exhibit E, and placed in charge of the hospital’s laboratory. The second defendant/respondent (second defendant, or second respondent) is the Medical Director of the hospital in charge of administration, and responsible for administrative decisions at the hospital. On 21st May 2014, the first defe.....