[2023]DLSC15106 • April 26, 2023 • Supreme Court •
IRENE TETTEY-ENYO vs. ELECTRICITY COMPANY OF GHANA LTD.
The respondent (Irene Tettey-Enyo) was dismissed by the applicant (Electricity Company of Ghana Ltd). She sued for wrongful dismissal claiming reinstatement and damages. The applicant denied wrongful dismissal and argued that even if wrongful, reinstatement was not applicable as it is not a public service. The High Court found dismissal wrongful and ordered reinstatement and damages. The Court of Appeal affirmed. The Supreme Court ordinary bench partially allowed the appeal, setting aside damages but upholding reinstatement. The applicant sought review arguing the ordinary bench erred in implicitly holding it to be a public service liable for reinstatement.
read moreMy Lords, the applicant before us is praying for a review of the decision of the ordinary bench delivered on 29th June, 2022 on the main ground, that the ordinary bench inadvertently committed a basic error when they, by implication, upheld that the applicant is a public service. The respondent sued the applicant in the High Court for wrongful dismissal at common law and among the reliefs claimed was for an order of reinstatement. The applicant defended the action by stating that the dismissal of the respondent was not wrongful and further that, even if it was wrongful, the respondent was entitled to only damages and not reinstatement since the applicant is not a public service. In his judgment, the High Court judge held that the dismissal was wrongful and also that the applicant is a public service thus, apart from the award of damages, the applicant was liable to be ordered to reinstate the respondent. The trial judge relied on article 191 of the Constitution, 1992 which protects ...