JOSEPH ESSEL BINEY vs ELECTRICITY COMPANY OF GHANA [2021]DLCA16060

Date	2021-02-10
Suit No.	CIVIL APPEA NO: H1/33/2020
Citation No.	[2021]DLCA16060

SOWAH J. A. (PRESIDING)

OPPONG J. A.

MENSAH-HOMIAH J. A.

MR. KWASI AMOAKO ADJEI ESQ.

ADWOA AMOAKO ADJEI ESQ

[2021]DLCA16060
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													<main id="main" class="content" style="min-height: 60rem" >JOSEPH ESSEL BINEY<o:p></o:p>(PLAINTIFF/ RESPONDENT)<o:p></o:p>vs.<o:p></o:p>ELECTRICITY
COMPANY OF GHANA<o:p></o:p>(DEFENDANT/
APPELLANT)<o:p></o:p>[COURT OF APPEAL, KOFORIDUA]<o:p></o:p>&nbsp;<div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

CIVIL APPEA NO: H1/33/2020&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 10TH FEBRUARY 2021<o:p></o:p>

</div>CORAM<o:p></o:p>SOWAH
J. A. (PRESIDING), OPPONG J. A., MENSAH-HOMIAH J. A.<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGEMENT<o:p></o:p>

</div>MENSAH-HOMIAH, JA:<o:p></o:p>INTRODUCTION<o:p></o:p>We commence this judgment with a notable quote from Julia Cameron that,
‘Art is one of the few careers without a mandatory retirement age’. <o:p></o:p>Given the stressful indicators in the corporate world, should one
not be very accommodating to say: I am retired, good bye Tension, Hello
Pension! That way, a man can do whatever he wants and whenever he wants it,
provided he sufficiently prepares for Pension.<o:p></o:p>This appeal is taken against the Judgment of the High Court,
Koforidua. For ease of reference and clarity, the designations of the parties
at the Court below would be maintained. <o:p></o:p>By the said judgment dated 22nd November, 2018, the
trial judge who was confronted with issues regarding conflicting date of birth
and compulsory retirement age of the Plaintiff, accepted the date declared by
the Plaintiff on his Personal Record Form with the Defendant at the time of his
employment instead of an earlier date of birth captured in the records of the
Social Security and National Insurance Trust (SSNIT). The trial judge proceeded
to make consequential orders for payment of monies which did not sit well with
the Defendant.<o:p></o:p>&nbsp;THE HISTORY<o:p></o:p>The Defendant is a Limited Liability Company registered under the
laws of Ghana. Prior to this appeal, the Plaintiff was a Senior Accountant in
the Defendant Company, having been given permanent employment per a letter
dated 18th August, 2001. Following his appointment, the Plaintiff
was given a Personal Records Form to complete and on it, he stated his date of
birth as 7th April, 1957. Per section 1.3(a) of the said conditions
of service of the Defendant Company, a date of birth once declared, shall not
be amended.<o:p></o:p>&nbsp;As part of an exercise
conducted by the Defendant company to reclassify contributors in the right
pension scheme, the Plaintiff was directed to obtain his statement from SSNIT.
Having done so, the Plaintiff alleges that he discovered his date of birth on
the SSNIT statement was mistakenly indicated as 7th April, 1954
instead of 7th April, 1957. He therefore approached a couple of
employees of SSNIT, both in Koforidua and Accra, to bring his date of birth in
the SSNIT records in line with the date on his Employee Personal Record Form.
These attempts did not yield any positive results. <o:p></o:p>On 26th August, 2013, the Defendant wrote to the
Plaintiff, notifying him of his impending retirement on the attainment of 60
years on 7th April, 2014, based on the record available to the
Defendant, that is, the SSNIT record. Upon receipt of this letter, the Plaintiff,
through his solicitors, sought a review of the decision to retire him based on
his date of birth in the SSNIT records but the Defendant declined to do so.
This compelled the Plaintiff to institute an action against the Defendant on 7th
March, 2014. By his amended writ of summons and statement of claim filed on 7th
June, 2014 found at page 53 of the Record of Appeal, the Plaintiff claimed as
follows:<o:p></o:p>a.