BADARU VRS METRO MASS TRANSIT COMPANY LTD (SUIT NO. NR/TL/HC/E13/32/23) [2024] GHAHC 338 (4 March 2024)

BADARU VRS METRO MASS TRANSIT COMPANY LTD (SUIT NO. NR/TL/HC/E13/32/23) [2024] GHAHC 338 (4 March 2024)

The plaintiff failed to prove he was present at work during the period in question. The defendant established that the plaintiff absented himself for more than five working days without excuse, justifying termination under the CBA and Labour Act. Although the defendant did not fully comply with the disciplinary procedure in the CBA, the termination was fair under section 63(4)(a) of the Labour Act, as the reason for termination was substantiated.

Citation
BADARU VRS METRO MASS TRANSIT COMPANY LTD (SUIT NO. NR/TL/HC/E13/32/23) [2024] GHAHC 338 (4 March 2024)
Parties
Plaintiff: Amadu Badaru; Defendant: Metro Mass Transit Company Ltd
Court
ghahc
Jurisdiction
Ghana
Judgment Date
4 March 2024
Procedural Posture
Civil Employment / Final Judgment After Trial
Outcome
Plaintiff's claims dismissed in their entirety.
Legal Topics
Wrongful Termination, Collective Bargaining Agreement, Fair Procedure, Absence From Work, Natural Justice
Source Language
eng
Labour Law Employment Law Wrongful Termination Collective Bargaining Agreement Fair Procedure Absence From Work Natural Justice

Case Brief

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Parties

Amadu Badaru

Plaintiff

Metro Mass Transit Company Ltd

Defendant

Procedural Posture

Civil Employment / Final Judgment After Trial

Legal Issues

  1. 1 Whether the termination of plaintiff’s appointment was wrongful
  2. 2 Whether the defendant’s termination violated the collective bargaining agreement
  3. 3 Whether the defendant failed to give the plaintiff fair opportunity to be heard

Ratio Decidendi

The plaintiff failed to prove he was present at work during the period in question. The defendant established that the plaintiff absented himself for more than five working days without excuse, justifying termination under the CBA and Labour Act. Although the defendant did not fully comply with the disciplinary procedure in the CBA, the termination was fair under section 63(4)(a) of the Labour Act, as the reason for termination was substantiated.

Court Disposition

Plaintiff's claims dismissed in their entirety.

Orders

  • Plaintiff's reliefs for declaration of wrongful termination, reinstatement, payment of salaries and allowances, and general damages are all dismissed.
  • Plaintiff to pay nominal cost of Two Thousand Ghana Cedis (GHs 2,000.00) to the defendant.