PETER BOACHIE vs. PRECIOUS MINERALS MARKETING CO. [2013]DLHC4353

Date	2013-10-18
Suit No.	SUIT NO. INDL 35/2012
Citation No.	[2013]DLHC4353

KWABENA ASUMAN-ADU

MAJOR T. A. DATEH FOR THE PLAINTIFF

MS. GERTRUDE ACHIREM HOLDING ACHI DANSO’S BRIEF FOR THE DEFENDANT

[2013]DLHC4353
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													<main id="main" class="content" style="min-height: 60rem" ><a name="OLE_LINK1">PETER
BOACHIE<o:p></o:p></a>vs.<o:p></o:p>PRECIOUS MINERALS MARKETING CO. <o:p></o:p>[HIGH COURT (INDUSTRIAL/LABOUR
DIVISION), 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">

SUIT NO.
INDL 35/2012&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; &nbsp;&nbsp;DATE: 18TH OCTOBER, 2013 <o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MAJOR
T. A. DATEH FOR THE PLAINTIFF<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">

MS. GERTRUDE ACHIREM HOLDING ACHI DANSO’S BRIEF
FOR THE DEFENDANT<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 1.0pt 0in">

KWABENA
ASUMAN-ADU, JUSTICE
OF THE HIGH COURT<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;
padding:0in 0in 1.0pt 0in">

JUDGMENT<o:p></o:p>

</div>The Plaintiff was until 29th July, 2009
the Managing Director of the Defendant Company. According to him his terms and
conditions of service of employment was governed by Senior Staff Conditions of
Service which adopted the 1992 Constitution on retirement and removal from
office and same is particularly contained in Article 2.15 of the said Senior
Staff Conditions of Service. The Board of Directors of the Defendant Company
was reconstituted in 2009. The new Board had its maiden meeting on 9th
July, 2009 and scheduled its next meeting for the middle of August, 2009.
However, three weeks after the first meeting and for no stated reason, the
Chairman of the Board by a letter dated 29th July, 2009 wrote to the
Plaintiff terminating his appointment with effect from 4th August,
2009.<o:p></o:p><o:p>&nbsp;</o:p>The Plaintiff contends that the termination of his
appointment offends against the provisions of the Conditions of Service, the
provisions of the Labour Act, Act 651 and the provisions of the 1992
Constitution. The termination of his appointment is, therefore, wrongful so he
commenced the instant action against the Defendant on 13th February,
2013 for the following reliefs:<o:p></o:p><o:p>&nbsp;</o:p><ol style="margin-top:0in" start="1" type="a">
 <li class="MsoNormal" style="text-align: justify; line-height: 115%; border: none;">Declaration
 that the termination of his appointment as Managing Director of the
 Defendant Company is unfair and wrongful.<o:p></o:p></li>
 <li class="MsoNormal" style="text-align: justify; line-height: 115%; border: none;">General
 damages for unfair and wrongful termination of his appointment.<o:p></o:p></li>
</ol><o:p>&nbsp;</o:p>The Defendant entered appearance on 21st
February, 2012 and went on to file its statement of defence on 13th
June, 2012 denying Plaintiff’s claim. It contends that the Plaintiff’s
appointment as Managing Director was terminated on 25th August, 2006
by the previous Board on the basis of unsatisfactory service, managerial
incompetence and insubordination and was paid three months’ salary in lieu of
notice. The Plaintiff sent that matter to court and he was found back at post
as Managing Director. However, by a letter dated 3rd April. 2008 the
Minister for Land, Forestry and Mines ratified the decision of the then Board
terminating Plaintiff’s appointment. The Defendant, therefore, complied with
the Conditions of Service regarding termination of appointment of senior
personnel by paying to the Plaintiff three months’ salary in lieu of notice.
The Defendant was further directed to discuss ancillary issues with the Board
but had failed to do so. <o:p></o:p><o:p>&nbsp;</o:p>The Defendant avers that the Plaintiff was given a
VW Passat saloon car at GH¢5,500.00. He was also given up to March 2010 to
vacate his official residence in excess of the three months allowed without
charging him economic rent for the period. In view of that the Board’s
termination of Plaintiff’s appointment was fair and proper so the Plaintiff is
not entitled to his claim.<o:p></o:p><o:p>&nbsp;</o:p>At close of pleadings the following issues were
set down for trial by this court:<o:p></o:p><o:p>&nbsp;</o:p><ol style="margin-top:0in" start="1" type="a">
 <li class="MsoNormal" style="text-align: justify; line-height: 115%; border: none;">Whether or not
 the termination of appointment of the Plaintiff was wrongful and unfair.<o:p></o:p></</main>