CHARLES KWADWO GYASI vs. MINING BUILDING CONTRACTORS LIMITED

JUDGMENT AMADU JSC:- INTRODUCTION: (1) My Lords, the key issue for our decision in this appeal is, which of the two lower courts properly apprehended and evaluated the facts in issue before applying the law in arriving at their respective decisions. While the Trial Court in its decision dismissed the action of the Plaintiff/ Appellant/Respondent on the ground that it was premature, the Learned Justices of the Court of Appeal held otherwise and reversed the judgment of the Trial High Court. The Court of Appeal proceeded to enter judgment for Plaintiff/ Appellant/Respondent in part. Our determination of this appeal therefore, depends, on our own re-evaluation of the evidence on record within the context of the facts in issue and the application of the relevant law to the facts and evidence. (2) BACKGROUND FACTS The factual background to this dispute is not uncommon in industrial relations particularly, between an employer and employee. The Plaintiff/Appellant/Respondent who fo...