Dadzie and Another Vrs Barclays Bank Of Ghana [2018] GHASC 29 (16 May 2018)

Dadzie and Another Vrs Barclays Bank Of Ghana [2018] GHASC 29 (16 May 2018)

The plaintiffs failed to prove any special circumstances justifying an award of damages in excess of two years’ salary. The Court of Appeal’s approach is consistent with established precedent, and there is no basis to depart from the settled practice.

Citation
[2018] GHASC 29
Parties
Plaintiff/respondent/appellant: Godson Awortwi Dadzie; Plaintiff/respondent/appellant: Philip Nyatuame; Defendant/appellant/respondent: Barclays Bank of Ghana Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
16 May 2018
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Wrongful Dismissal, Damages for Wrongful Termination, Duty to Mitigate Loss
Source Language
English
Employment Law Contract Law Wrongful Dismissal Damages for Wrongful Termination Duty to Mitigate Loss

Case Brief

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Parties

Godson Awortwi Dadzie

Plaintiff/respondent/appellant

Philip Nyatuame

Plaintiff/respondent/appellant

Barclays Bank of Ghana Limited

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the Court of Appeal erred in awarding only two years’ salary as damages for wrongful dismissal without considering special circumstances.
  2. 2 Whether the plaintiffs are entitled to enhanced damages based on alleged special circumstances.

Ratio Decidendi

The plaintiffs failed to prove any special circumstances justifying an award of damages in excess of two years’ salary. The Court of Appeal’s approach is consistent with established precedent, and there is no basis to depart from the settled practice.

Court Disposition

appeal dismissed

Orders

  • Appeal by plaintiffs dismissed.
  • Judgment of the Court of Appeal awarding two years’ salary as damages for wrongful dismissal affirmed.