[2024]DLCA17928May 9, 2024Court of Appeal

FREEMAN MEDEGLI vs. GHANA OIL COMPANY LIMITED

The plaintiff was employed by the defendant as a Consumer Marketing Manager on a six-month probation starting May 2017. After serving probation, he was given Key Performance Areas (KPA) for January to June 2018. The defendant terminated his appointment in March 2018, alleging poor performance and misconduct including breach of trust, unauthorized credit to customers, and unauthorized surveys. The plaintiff denied these allegations and claimed wrongful termination without hearing.

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JUDGMENT DZAMEFE, JA INTRODUCTION For the purposes of convenience the parties in this appeal shall retain their original designation as the plaintiff and the defendant. The defendant dissatisfied with the judgment of the High Court Tema dated, 28th day of November 2019 filed this appeal. BACKGROUND The plaintiff in this suit at the High Court claimed for;- 1. Recovery of all emoluments and allowances from the date of unlawful termination of appointment to date of final judgment. 2. An order directed to the defendants to reinstate the plaintiff. The plaintiff in his statement of claim averred that by an offer letter dated the 27th day of March 2017 he was employed as a Consumer Marketing Manager by the defendant company. By the letter of employment, the plaintiff was put on six (6) months probation from the 2nd day of May, 2017. Plaintiff averred he had served the period of probation and in January 2018, was given his Key Performance Areas (KPA) for the period January ...