[2020]DLCA9862 • August 29, 2020 • Court of Appeal
ANGLOGOLD ASHANTI GHANA LTD vs. ALHASSAN SINARE
The Respondent, a former employee of the Appellant mining company, was employed in 1984 and retired in 2014 under the company's policy to retire underground workers at age 55. A redundancy exercise led to an audit of employees' personal records, during which the Respondent requested a correction of his date of birth from 1 July 1959 to 29 April 1965, submitting a birth certificate (Exhibit MB4). The Appellant later questioned the authenticity of this birth certificate, which the Births and Deaths Registry declared not genuine. The Respondent was disciplined for forging the birth certificate but was not dismissed due to his long service. Dissatisfied with his retirement, the Respondent sued the Appellant claiming premature retirement and entitlement to salary for the remaining years until age 55.
read moreJUDGMENT OF POKU-ACHEAMPONG, J.A.: The facts of this appeal are straightforward. The matter revolves essentially around the date of birth of the Respondent in the appeal who is Plaintiff in the trial court. It is interesting to note that in this country there have often been doubts about the correct age or date of birth of workers in some public service organisations, companies and institutions. There are amusing anecdotes about this phenomenon and there is what has come to be known as the real age of a person and the workplace age. It is therefore not surprising that an issue related to the correct age of a worker otherwise described as a loyal and dedicated worker with an unblemished record of 30 years’ service in the Appellant company should come up to this court. The appeal emanates from a judgment of the Obuasi High court delivered on 21st March, 2019. In this opinion the Plaintiff in the trial court shall be referred to simply as the Respondent and the Defendant as the Appe.....