BLAY-MORKEH vs. GHANA AIRWAYS CORPORATION [1971]DLHC2210

Date	1971-02-12
Suit No.
Citation No.	[1971]DLHC2210

COUSSEY J.

DR. EKOW DANIELS (WITH HIM AFFOM) FOR THE PLAINTIFF.

C. H. A TETTEH PRINCIPAL STATE ATTORNEY FOR THE DEFENDANTS.

[1971]DLHC2210
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													<main id="main" class="content" style="min-height: 60rem" >BLAY-MORKEH <o:p></o:p>vs. <o:p></o:p>GHANA AIRWAYS CORPORATION <o:p></o:p>[HIGH COURT,
ACCRA]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1972] 2 GLR 254<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
12 FEBRUARY 1971.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DR. EKOW DANIELS (WITH HIM AFFOM) FOR THE
PLAINTIFF.<o:p></o:p>

C. H. A TETTEH, PRINCIPAL STATE ATTORNEY. FOR THE
DEFENDANTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

COUSSEY J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF COUSSEY J.<o:p></o:p>The
plaintiff’s claim in this action is for:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(1) A declaration that the
purported dismissal of the plaintiff from the employment with the defendants by
the personnel manager for and on behalf of the defendants on 31 August 1967 was
illegal, ultra vires and void and ought to be set aside.<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(2) Payment to the plaintiff of
arrears of salary since September 1967 at the rate of ¢2,110 per annum till
date of judgment.<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(3) ¢40,000 damages for wrongful
dismissal from the defendants’ employment as senior sales representative.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff said he was on 11 November 1958 employed by the defendants as a sales
representative on a salary of £G510 per annum. Later he was promoted to the
post of senior sales representative on a salary of £G725 per annum. In 1963, he
received three incremental credits and his salary was increased to £G935 per
annum. At the time of his dismissal he was on a salary of £G1,055 per annum.
According to the plaintiff, annual incremental credits were made to his salary
on satisfactory performance of duties. He said during the course of his
employment confidential reports including exhibits A and B were made on him.
Before his appointment was terminated, he belonged to the Ghana Airways Senior
Staff Association and there was an agreement between the defendants and the
association as to the procedure to be adopted for the purpose of dismissals.
The terms of the agreement were that,<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“when an
employee has committed any act of misconduct or negligence he shall be given a
written query with a copy to the Association Secretary. An employee who is so
queried shall be offered the opportunity to submit a written reply explaining
himself. A warning letter shall be sent if the offence warrants it, with a copy
to the Association Secretary of the Union.”<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff said that on 31 August 1967 he was served with a letter (exhibit C)
terminating his appointment with the corporation. It was signed by their
personnel manager, Mr. Brown. He said he was not given an opportunity of
explaining his alleged unsatisfactory record which was the basis of his
dismissal. He did not appear before the board of directors before he was
sacked, and he has since not received any letter from the board about the
termination of his contract.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff admitted that he received £G8 from the Kumasi station in exchange for
a cheque but he said the cheque was honoured when presented to the bank. He
denied failing to account for the sum of £G57. He also denied that he failed to
render due and proper account to cover the sum of £G360 voted in connection
with an inaugural flight to Beirut. Exhibit D is the account he rendered. He
denied receiving N¢8.40 in the form of a voucher in February 1967 to cover taxi
expenses. He admitted that he refused to work under one W. P. Abankwa, a sales
supervisor at Cocoa House, Accra, and he therefore sent a petition (exhibit F)
with regard to it. He said that he submitted sales reports (exhibit G), and also
reports on his junior staff and exhibit H is a copy of some of</main>