Employment Law

Ending Employment Relationships Under Ghanaian Law: Basic Terms (2)

June 6, 2019

The first part of this piece discussed in general terms the differences between termination and dismissals under the Ghanaian law. The piece went on to look at the differences between a dismissal (simpliciter) and summary dismissal. The author also considered the differences between unlawful dismissal and wrongful dismissal.  The second part of this article examines […]

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Ending Employment Relationships Under Ghanaian Law: Basic Terms (1)

May 20, 2019

In virtually every employment case law, you are likely to find the following words and phrases in use: dismissal, summary dismissal, wrongful dismissal, wrongful termination, and unlawful termination. You will find litigants arguing in one form or the other that they have been dismissed, summarily dismissed, wrongfully dismissed, wrongfully terminated, or unlawfully terminated.  This often […]

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Refresher On Unfair Termination and Unlawful/Wrongful Termination

May 6, 2019

The recent Supreme Court decision of Charles Afran & Ors v SG-SSB Limited[1] has thrown into sharp focus the need to bear in mind the distinction between “unfair termination” and “unlawful/wrongful termination” under Ghanaian law.  The Plaintiff in this case was dismissed for failing to verify some cheques. The Plaintiff’s failure led the employer to […]

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Court Declares Regulation Requiring Women Employees to Defer Pregnancies as Discriminatory

November 5, 2018

The High Court, Accra, Human Rights Division presided over by His Lordship Anthony K. Yeboah J.A, in The Commissioner, CHRAJ & 2 Ors Vrs Ghana National Fire Service & Attorney-General[1], declared that Regulation 33(6) of the Conditions of Services of the Ghana National Fire Service (GNFS)[2]which required employees of the GNFS who were women to […]

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Can an Employer Reject an Employee’s Resignation?

October 1, 2018

Koo submits his resignation letter to his employer. His employer takes a hard look at the letter. He shrugs his shoulders and sends an email – “koo, your resignation has been rejected because clause 200.1 of your employment contract requires that you reach a particular sales target before you can resign.” The above scenario raises […]

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Injunctions Over Disciplinary Proceedings – How Far and How Wide?

August 27, 2018

The Supreme Court in the case of Republic v Bank of Ghana & 5 Ors; Ex Parte Benjamin Duffour[1]has held that an injunction order prohibiting an employer from holding disciplinary hearings against an employee in a specific matter does not bar the employer from initiating separate disciplinary proceedings against the same employee in respect of […]

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Disciplinary Proceedings in Public Institutions Subject to Judicial Review

August 16, 2018

The Supreme Court in the case of Francis Owusu Mensah & Anor v National Board for Professional and Technical Examinations & 2 Ors[1]has emphasized the need for administrative bodies to act fairly and reasonably in disciplining public officers and also ensure that public officers are dismissed only with just cause. Failing this, the decision of […]

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Can an Ex-Employee Come Back for More?

May 17, 2018

It has long been thought that an ex-employee could not turn around and complain about a termination package she received (unreservedly) from an employer. The basis for this thinking was rooted in the supreme court decision of Lt. Col. Ashun v Accra Breweries Limited [2009] SCGLR 81. In that case, the Plaintiff was an employee […]

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Can an unsigned document give rise to legal consequences?

April 12, 2018

The Supreme Court in the case of John Affuah & Another v General Developments Company Limited[1] has held that an unsigned document may give rise to legal consequences. The Court stated that the common law has always recognized the principle that the signature of parties to an agreement was not a prerequisite to the presence […]

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Reinstatements: Not Simply for The Asking

April 9, 2018

The Supreme Court, in the case of Castro Daniel Yao Attiamo v The Attorney-General & 2 Ors[1], has held that it is not every finding of wrongful or unfair termination that would justify a reinstatement. In other words, reinstatements are not simply for the asking. In the view of the Court, the circumstances of the […]

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