MR. PETER ASIGBE vs. GHANA PORT & HARBOUR AUTHORITY [2006]DLCA6526

Date	2006-02-17
Suit No.	CRA NO. H1/140/2005
Citation No.	[2006]DLCA6526

GBADEGBE JA. (PRESIDING)

ADDO JA.

KUSI-APPIAH JA.

MR ASEMPAH FOR PLAINTIFF/RESPONDENT

MR SEY FOR THE DEFENDANTS/APPELLANTS

[2006]DLCA6526
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													<main id="main" class="content" style="min-height: 60rem" >MR. PETER
ASIGBE<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>GHANA PORT
&amp; HARBOUR AUTHORITY<o:p></o:p>(DEFENDANTS/APPELLANTS)<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">CRA NO. H1/140/2005&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE:
17TH FEBRUARY 2006<o:p></o:p>

</div>COUNSEL:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">MR ASEMPAH FOR
PLAINTIFF/RESPONDENT <o:p></o:p>

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">MR SEY FOR THE
DEFENDANTS/APPELLANTS<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;
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<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">GBADEGBE JA. (PRESIDING),
ADDO JA., KUSI-APPIAH JA. <o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>The
judgment of the Court was read by KUSI-APPIAH, JA, with the permission of the
Presiding Judge as follow:— <o:p></o:p>On
21 October 1999, the respondent, then an electrical engineer in the employment
of the appellant company visited the senior staff clubhouse one evening after
work in pursuit of social endeavors. Little did he know that that visit was to
prove costly in terms of his employment. Whiles so engaged, he had a
misunderstanding with no other person than the very employee of the appellants
who runs the social club and goes by the designation, bar attendant. That
misunderstanding must have generated a lot of heat in the course of which he
slapped the attendant with his footwear. This incident came to the attention of
his employers through complaints lodged before them by the victim of the
assault and the local union. As a result, a committee was set up by the
management of the appellant company that was required among others to establish
whether or not the respondent slapped the attendant and to make recommendations
to management in order ‘to avert similar occurrences and assist management to
take appropriate action’. Following the conclusion of its mandate, the
committee submitted its report to the management of the company. The management
claiming to be acting on that report terminated the appointment of the
respondent from its employment. In the letter of termination that issued on the
2nd of August 2000 under the signature of the Acting Director-General of the
appellant company the basis of the decision to bring his contract of employment
to an end was clearly stated as follows: <o:p></o:p>“TERMINATION
OF APPOINTMENT <o:p></o:p>We
refer to the Committee of Enquiry set up to investigate allegations of assault
by you on Mr. Richard Blankson, Bar Attendant and say that the said Committee
established that you slapped Mr. Blankson with your footwear, a conduct which
is tantamount to gross misconduct and which put the name of the authority into
disrepute. <o:p></o:p>You
are, however terminated from the service of the authority with immediate
effect. You will be paid three months salary in lieu of notice…….” <o:p></o:p>It
appears that the contents of the said letter were not acceptable to the
respondent and so he took out a writ of summons in the court below seeking an
order for general damages for wrongful termination of appointment and in the
alternative an order for reinstatement. Also claimed was an order for interim
injunction directed at the appellants by themselves, agents or assigns from
ejecting him from his official accommodation situate at Takoradi. The action
proceeded to a trial and in his judgment, the subject matter of the instant
proceedings, the learned trial judge came to the conclusion that his
termination was wrongful and as a result he awarded him damages by way of
compensation for the said wrongful termination of his appointment by the
appellants. In particular, in his delivery that has provoked these proceedings
the learned trial judge allowed in his favor payment of his salaries calculated
from the date of his purported termination to the date of the judgment, payment
of three months salary in lieu of notice and general damages of seven million
cedis to take account of his prospective loss of employment. The learned trial
judge also allowed interest on the unpaid salaries from the date of termination
as well as on the three months salary in lieu of notice. The appellant was
further restrained from ejecting the respondent from his official bungalow
situate at Chapel Hill, Takoradi until all his entitlements under the judgment
have been fully paid to him. The employers thought that the delivery of the learned
trial judge was wrong and accordingly claiming to be aggrieved thereby they
launched an appeal soon after the judgment to this court. In their complaint to
us, the appellants who seek a reversal of the decision of the court below have
urged several grounds that seek to call into question the decision of the court
regarding the termination of the contract of employment and also the
consequential awards. Since this case turns on whether or not the respondent’s
contract of employment was lawfully brought on to an end, I think that on the
state of settled judicial opinion our task in this appel is to examine the
conditions of employment between the parties with a view to determining if the
decision to terminate the said cont</main>