METROPOLITAN INSURANCE CO. LTD. vs. FRANCIS NSIAH-AFRIYIEE [2012]DLCA6513

Date	2012-03-01
Suit No.	CIVIL APPEAL NO. H1/3/2012
Citation No.	[2012]DLCA6513

ARYEETEY J.A. (PRESIDING)

ADINYIRA J.A.

ASIAMAH J.A

MR. STANLEY AMARTEIFIO FOR DEFENDANT/APPELLANT/CROSS-RESPONDENT

BENTSI-ENCHILL LETSA & ANKOMAH FOR PLAINTIFF/RESPONDENT/CROSS-APPELLANT

[2012]DLCA6513
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													<main id="main" class="content" style="min-height: 60rem" >METROPOLITAN
INSURANCE CO. LTD.<o:p></o:p>(DEFENDANT/APPELLANT/CROSS-RESPONDENT)<o:p></o:p>vs.<o:p></o:p>FRANCIS
NSIAH-AFRIYIEE<o:p></o:p>(PLAINTIFF/RESPONDENT/CROSS-APPELLANT)<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;
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<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">CIVIL
APPEAL NO. H1/3/2012&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: 1ST MARCH, 2012<o:p></o:p>

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
justify;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">BENTSI-ENCHILL, LETSA
&amp; ANKOMAH FOR PLAINTIFF/RESPONDENT/CROSS-APPELLANT.<o:p></o:p>

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
115%;mso-outline-level:1;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">ARYEETEY J.A. (PRESIDING),
ADINYIRA J.A., ASIAMAH J.A.<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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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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solid windowtext 1.5pt;padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>F.G.
KORBIEH, JA. <o:p></o:p>The case of the
plaintiff/respondent/cross-appellant (hereinafter only referred to as the
plaintiff) at the trial court may be summarized as follows: he was employed by
the defendant/appellant/cross-respondent (hereinafter only referred to as the
defendant or defendant-company) as its Chief Financial Officer (CFO) by a
letter dated the 5/9/2000 and signed by the Chief Executive Officer (CEO) of
the defendant company. The plaintiffs letter of employment indicated that he
would be furnished with his conditions of service in due course. Subsequently
he was given the conditions of service which embodied many of the contractual
terms of employment between the parties. One such term was that the employment
may be terminated by either the Company or the employee giving notice to the
other or payment in lieu thereof as follows:— <o:p></o:p><o:p>&nbsp;</o:p>Grade 5 and above - three months' salary in
lieu of notice...' <o:p></o:p>Another term was that the plaintiff was
entitled to be paid a bonus at the end of every month. The plaintiff worked as
CFO for the defendant company until January, 2002 when he received another
letter from the CEO of the company informing him of a review of his conditions
of service which basically involved an up-ward adjustment of his salary. In
July, 2003 the plaintiff and two other top executive officers of the company,
namely the CEO and the Chief Operating Officer (COO) attended various meetings
of four sub-committees of the company (namely the Finance, Strategy and
Development, Remuneration and Audit subcommittees) which had been set up to
investigate allegations of embezzlement of funds made against the three top
executive officers. Due to the poisoned environment the plaintiff found himself
in, he wrote to the defendant company (on the 28/9/2003) giving it notice of
his intention to resign from the employment of the company after the expiration
of three months from the date of the letter. This in effect meant that the
plaintiff would cease to work for the company with effect from 28/12/2003. Upon
receipt of the plaintiffs letter of resignation, the defendant wrote a letter
to the plaintiff reprimanding him for his complicity in the practice of paying
himself and the two other top executive officers' salary advances and
unauthorized increments in salary and requesting the plaintiff to refund an
amount of $2,100.00 being the alleged difference in salary payment to him. The
CEO (who had also received a similar letter of reprimand) decided to write a
response for himself and on behalf of the two other top executive officers who
included the COO who had also been given a similar letter of reprimand. In that
letter, the CEO denied any wrong-doing on the part of the three top executive
officers and explained that the salary increment for the three had been
authorized by the board of directors of the defendant company. Upon receipt of
the plaintiffs letter of resignation, the defendant wrote a letter accepting the
resignation and bringing forward the date the plaintiff would cease to work for
the defendant to the 15/10/2003. The plaintiff therefore initiated this action
in court claiming from the defendant a number of reliefs. By the plaintiffs
amended writ of summons and statement of claim, he claimed from the defendant
the following reliefs: <o:p></o:p><o:p>&nbsp;</o:p>(a)
An amount of GH¢41,351,989.50 being salary in lieu of notice and accrued
allowances for the period 16/10/2003 to 31/12/2003. <o:p></o:p><o:p>&nbsp;</o:p>(b)
An amount of GH¢92,686,617.00 being payment for 44 working days' accumulated
leave commuted to cash. <o:p></o:p>