Essuman Vrs Church Of Pentecost [2016] GHASC 50 (28 July 2016)

Essuman Vrs Church Of Pentecost [2016] GHASC 50 (28 July 2016)

'Basic salary' in the conditions of service refers to the salary determined by the defendant for its senior staff, not the consolidated Ghana Health Service salary. The trial court erred in applying a literalist interpretation without considering the context and intention of the parties. The judgments of the High Court and Court of Appeal awarding benefits based on the GHS salary scheme are set aside, except for the dismissal of the defendant's counterclaim.

Citation
[2016] GHASC 50
Parties
Plaintiff/respondent/respondent: Oheneba Bediako Essuman; Defendant/appellant/appellant: The Church of Pentecost
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
28 July 2016
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed in part
Legal Topics
Interpretation of Employment Contracts, Salary Computation, Employee Benefits, Conditions of Service
Source Language
English
Employment Law Contract Law Interpretation of Employment Contracts Salary Computation Employee Benefits Conditions of Service

Case Brief

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Parties

Oheneba Bediako Essuman

Plaintiff/respondent/respondent

The Church of Pentecost

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the plaintiff was entitled to payment of end of service benefits and other allowances based on his prevailing annual salary under the Ghana Health Service salary scheme or the defendant's salary scheme
  2. 2 Proper interpretation of 'basic salary' in the conditions of service

Ratio Decidendi

'Basic salary' in the conditions of service refers to the salary determined by the defendant for its senior staff, not the consolidated Ghana Health Service salary. The trial court erred in applying a literalist interpretation without considering the context and intention of the parties. The judgments of the High Court and Court of Appeal awarding benefits based on the GHS salary scheme are set aside, except for the dismissal of the defendant's counterclaim.

Court Disposition

appeal allowed in part

Orders

  • Judgments of the High Court dated 28th March, 2011 and Court of Appeal dated 24th June, 2015 set aside except for the dismissal of the defendant's counterclaim.
  • Dismissal of defendant's counterclaim affirmed.