THE CHURCH OF PENTECOST vs. OHENEBA BEDIAKO ESSUMAN [2015]DLCA4459

Date	2015-06-24
Suit No.	CIVIL APPEAL: NO: H1/1112014
Citation No.	[2015]DLCA4459

KUSI-APPIAH (J.A.) – PRESIDING

HONYENUGA (J.A.)

TORKORNOO (J.A.)

MR. JOHN ABRAHAM LARKAI FOR DEFENDANT/APPELLANT

MR. ERIC ASUMAN-ADU WITH HIM

MR. DAVID BONDORIN FOR THE PLAINTIFF/RESPONDENT

[2015]DLCA4459
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													<main id="main" class="content" style="min-height: 60rem" >THE CHURCH OF PENTECOST<o:p></o:p>(DEFENDANT/APPELLANT)<o:p></o:p>vs.<o:p></o:p>OHENEBA BEDIAKO ESSUMAN<o:p></o:p>(PLAINTIFF/RESPONDENT)<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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CIVIL APPEAL: NO:&nbsp; H1/1112014&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;24TH JUNE, 2015<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR. JOHN ABRAHAM LARKAI FOR DEFENDANT/APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>CORAM:<o:p></o:p>KUSI-APPIAH
(J.A.) – PRESIDING, HONYENUGA (J.A.), TORKORNOO (J.A.)<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>KUSI-APPIAH, J.A.:<o:p></o:p><o:p>&nbsp;</o:p>This
is an appeal from the decision of the High Court (Industrial and Labour
Division), Accra delivered on 28th June, 2013.&nbsp; It is mainly an action for recovery of
retirement benefits and allowances due the plaintiff from the defendant, his
employer which he claims was unduly underpaid by the defendant church.&nbsp; The defendant denied the assertion of the
plaintiff.&nbsp; They have sought to justify
it by contending that the plaintiff was paid all allowances and benefits due
him before and on his retirement.&nbsp; What
then are the facts of this case?&nbsp; I will
refer to the parties in the manner they appeared at the court below. <o:p></o:p>The
case of the plaintiff as gathered from his pleadings and evidence at the trial
was that he was first appointed by the defendant church as Medical Assistant on
2nd January, 1991 and placed on the basic salary of the
defendant.&nbsp; He worked continuously for 18
years, 4 months before retiring voluntarily as Chief Medical Assistant on 30th
April, 2009.<o:p></o:p>According
to the plaintiff, in 1993 he was migrated to Ghana Health Service Salary Scheme
which was then lower than that of the defendant salary scheme.&nbsp; He contended that even though he was on Ghana
Health Service pay, he remained an employee of the defendant.&nbsp; Consequently, the defendant made the
necessary top ups but all allowances paid to him were calculated based on Ghana
Health Service Salary Scheme he was earning.<o:p></o:p>It
is the case of the plaintiff that this arrangement continued until 2006 when
there was an astronomical increase in salary of staff of Ghana Health
Service.&nbsp; He claimed that the defendant
refused to compute the plaintiff’s allowances based on the 2006 salary
structure of Ghana Health Service (G. H. S. for short) but continued to use the
2005 salary scheme of G. H. S.<o:p></o:p>The
plaintiff testified that all allowances such as annual leave grant, annual
allowances, long service award and end of service benefit were paid to him
based on the 2005 Ghana Health Service Salary Scheme instead of the basic
salary structure he was earning in 2006 and 2007.&nbsp; He stated that when he retired voluntarily in
2009, the defendant did not use his then basic salary to compute his end of
service benefit but used the 2005 G. H. S. basic salary as the basis of
computation of his end of service benefit thus underpaying him all allowances
due him.<o:p></o:p>On
24th January, 2011, the plaintiff by his writ of summons, therefore
brought on action against the defendant for the following reliefs:<o:p></o:p>“1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Defendant be ordered to use Ghana Health
Service Salary Scheme which plaintiff was enjoying at the time before his
retirement to compute all benefits due him including long service award in
2006, Annual Bonus from 2007 to 2008, Annual Leave allowance from 2007 to 2008,
transfer grant and end of service benefit, i.e. a total sum of Gh¢39,855.86 to
be paid to plaintiff as arrears that have been occasioned by the use of wrong
salary scale to compute plaintiff’s benefit.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Interest at the current bank rate or
the sum from the date due to the day of final payment.<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Order for award of retiring benefit of
deep freezer and provision of transport for the plaintiff, his family and
luggage to Dunkwa-on-Offin.”<o:p></o:p>The
defendant resisted the plaintiff’s claim by its statement of defence and
counterclaim filed on 17th February, 2011 and stated that the
plaintiff is not entitled to any of the reliefs claimed or at all.&nbsp; The counterclaim of the defendant reads:<o:p></o:p>“a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A declaration that having been put on
the Ghana Health Service consolidated salary paid from the Consolidated Fund,
the plaintiff was not entitled to any further payments from the defendant.<o:p></o:p>