Tanihu Vrs Empire Concrete (C11/19/18) [2024] GHACC 205 (18 March 2024)

Tanihu Vrs Empire Concrete (C11/19/18) [2024] GHACC 205 (18 March 2024)

The plaintiff failed to prove on a balance of probabilities that his termination was unfair or attributable to protected grounds under the Labour Act. The evidence supported the defendant's right to summarily dismiss the plaintiff for alleged dishonesty or misconduct under the employment contract. The defendant, however, failed to prove its counter-claim for the value of missing concrete.

Citation
Tanihu Vrs Empire Concrete (C11/19/18) [2024] GHACC 205 (18 March 2024)
Parties
Plaintiff: Simon Tanihu; Defendant: Empire Concrete
Court
ghacc
Jurisdiction
Ghana
Judgment Date
18 March 2024
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claims dismissed; defendant's counter-claim dismissed; no order as to costs.
Legal Topics
Unfair Termination, Wrongful Dismissal, Employment Contract, Burden of Proof, Summary Dismissal
Source Language
eng
Labour Law Employment Law Unfair Termination Wrongful Dismissal Employment Contract Burden of Proof Summary Dismissal

Case Brief

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Parties

Simon Tanihu

Plaintiff

Empire Concrete

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff’s appointment was lawfully terminated
  2. 2 Whether the defendant breached the principle of Natural Justice in terminating plaintiff’s appointment
  3. 3 Whether the plaintiff is entitled to his claims

Ratio Decidendi

The plaintiff failed to prove on a balance of probabilities that his termination was unfair or attributable to protected grounds under the Labour Act. The evidence supported the defendant's right to summarily dismiss the plaintiff for alleged dishonesty or misconduct under the employment contract. The defendant, however, failed to prove its counter-claim for the value of missing concrete.

Court Disposition

Plaintiff's claims dismissed; defendant's counter-claim dismissed; no order as to costs.

Orders

  • Plaintiff is not entitled to any of his claims; claims dismissed.
  • Defendant's counter-claim is dismissed.