[2021]DLSC11514December 8, 2021Supreme Court

DANIEL MCCARTHY vs. GHANA BAUXITE COMPANY LTD.

KULENDI JSC:- INTRODUCTION: This is an appeal from the judgement of the Court of Appeal, dated 25th November, 2020. The Court of Appeal in the said judgment reversed the judgement of the High Court dated 28th March, 2019, and held that the termination of the Plaintiff/Appellant/Respondent’s (hereinafter called “the Respondent”) employment by the Defendant/Respondent/ Appellant (hereinafter called “the Appellant”) was wrongful, and accordingly awarded general damages equivalent to eighteen (18) months’ salary in favour of the Respondent. The Appellant, aggrieved by the judgment of the Court of Appeal, has appealed to this Court praying for a reversal of the decision of the Court of Appeal. BACKGROUND The antecedent contentions by the parties which have culminated into the present appeal are as follows: The Respondent was summarily dismissed on 4th October 2017, from the employ of the Appellant as a Bulldozer Operator. The Respondent, who had been in the employment o...