Kwesi Debrah Owiredu Vrs Phills Pharmaceuticals Ghana [2022] GHACC 57 (6 October 2022)

Kwesi Debrah Owiredu Vrs Phills Pharmaceuticals Ghana [2022] GHACC 57 (6 October 2022)

Defendants failed to give Plaintiff notice or salary in lieu of notice as required by law and contract, and failed to prove misconduct or breach by Plaintiff; Plaintiff entitled to compensation for unlawful termination, salary in lieu, and SSNIT contributions; Plaintiff failed to prove entitlement to return of vehicle or refund of all deductions; Defendants failed to prove loan counterclaim.

Citation
[2022] GHACC 57
Parties
Plaintiff: Kwesi Debrah Owiredu; 1st Defendant: Pills Pharmaceuticals Ghana; 2nd Defendant: John Kojo Amoako
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
6 October 2022
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim succeeds in part; Defendants' counterclaim dismissed.
Legal Topics
Unlawful Termination, Employment Contract, Notice and Salary in Lieu, Employee Benefits, Vehicle Deductions, SSNIT Contributions, Special Damages, Counterclaim for Loan
Source Language
English
Employment Law Contract Law Unlawful Termination Employment Contract Notice and Salary in Lieu Employee Benefits Vehicle Deductions SSNIT Contributions +2 more

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Parties

Kwesi Debrah Owiredu

Plaintiff

Pills Pharmaceuticals Ghana

1st Defendant

John Kojo Amoako

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff's employment was lawfully terminated by the Defendants
  2. 2 Whether Plaintiff breached the terms of his employment contract
  3. 3 Whether vehicle GX 2034-18 was unlawfully seized from Plaintiff

Ratio Decidendi

Defendants failed to give Plaintiff notice or salary in lieu of notice as required by law and contract, and failed to prove misconduct or breach by Plaintiff; Plaintiff entitled to compensation for unlawful termination, salary in lieu, and SSNIT contributions; Plaintiff failed to prove entitlement to return of vehicle or refund of all deductions; Defendants failed to prove loan counterclaim.

Court Disposition

Plaintiff's claim succeeds in part; Defendants' counterclaim dismissed.

Orders

  • Declaration that Plaintiff's termination was unlawful
  • Defendants to pay Plaintiff one month's salary (GHC2,800) in lieu of notice with interest from April 2020 to date of payment