Question Tag: Employment Termination

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BL – MarJul 2020 – L1 – SA – Q19 – Employment Law

Question on identifying the employee's right to severance pay upon termination of employment.

Which of the following is an employee’s right upon termination of employment?
A. Right to be provided transportation
B. Right to sue the employer
C. Right to severance pay
D. Right to contest in court
E. Right to challenge the hirer

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BCL – May 2016 – L1 – Q6 – Employment Law

Evaluate the justification for terminating an employee’s appointment, potential legal redress, and the difference between dismissal and termination.

Kojo Mensah was employed by A&B Co. Ltd as a Waste Management technician. Before his employment, Kojo Mensah presented a certificate to evidence the fact that he was very qualified for the job as a Waste Management technician. One and a half years into his employment, Kojo Mensah’s subordinates petitioned the Management of A&B Co. Ltd that Kojo Mensah was not exhibiting a high sense of professionalism in his position as a Waste Management technician, as several complaints were coming from the clients of A&B Co Ltd to the effect that the services being rendered by the Company were unsatisfactory, adding that Kojo Mensah, as the Officer in charge of that unit, could not supervise the operations of the said unit. It later came to light after the company conducted further due diligence on Kojo Mensah’s academic and professional background, that the certificate he submitted for his employment was a forged one. Prior to the submission of the Petition against him, Kojo Mensah had on several occasions been queried by Management for abandoning his duty post and also getting very drunk during working hours. Without giving Kojo Mensah an opportunity to respond to the petition, the Management of A&B Co. Ltd did not dismiss Kojo Mensah but terminated his appointment from the Company on these grounds.

a) Explain whether A&B Co. Ltd was justified in terminating the appointment of Kojo Mensah.

(10 marks)

b) Explain whether Kojo Mensah has any chance of success in seeking redress. (5 marks)

c) Differentiate between dismissal of one’s appointment and termination of one’s appointment. (5 marks)

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BCL – July 2023 – L1 – Q4b – Employment Law

List factors that lead to the fair termination of employment under the Labour Act, 2003 (Act 651).

Termination of a contract of employment under the Labour Act, 2003 (Act 651) of Ghana may be fair or unfair.

Required:

State THREE (3) factors that will lead to the fair termination of the employment of a worker/employee by the employer. (3 marks)

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BCL – July 2023 – L1 – Q4a – Employment Law

Analyze the breach of natural justice in the termination of an employee and the obligations of an administrative body under the Constitution of Ghana.

Abaase Larbi is an accountant working in an accounting firm. The Managing Partner was of the view that Abaase Larbi was involved in fraudulent transactions with some clients of the firm. At a meeting, the Partners of the Firm concluded that Abaase Larbi had brought the name of the Firm into disrepute. As a result, the Firm terminated the appointment of Abaase Larbi. Abaase Larbi feels he has not been dealt with fairly.

Required:

i) From the facts above, explain whether there is any breach of natural justice? (3 marks)

ii) As an administrative body, state the obligation that lies on the Firm to deal fairly with Abaase Larbi in respect of the Constitution of the Republic of Ghana, 1992. (4 marks)

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BL – MarJul 2020 – L1 – SA – Q19 – Employment Law

Question on identifying the employee's right to severance pay upon termination of employment.

Which of the following is an employee’s right upon termination of employment?
A. Right to be provided transportation
B. Right to sue the employer
C. Right to severance pay
D. Right to contest in court
E. Right to challenge the hirer

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You're reporting an error for "BL – MarJul 2020 – L1 – SA – Q19 – Employment Law"

BCL – May 2016 – L1 – Q6 – Employment Law

Evaluate the justification for terminating an employee’s appointment, potential legal redress, and the difference between dismissal and termination.

Kojo Mensah was employed by A&B Co. Ltd as a Waste Management technician. Before his employment, Kojo Mensah presented a certificate to evidence the fact that he was very qualified for the job as a Waste Management technician. One and a half years into his employment, Kojo Mensah’s subordinates petitioned the Management of A&B Co. Ltd that Kojo Mensah was not exhibiting a high sense of professionalism in his position as a Waste Management technician, as several complaints were coming from the clients of A&B Co Ltd to the effect that the services being rendered by the Company were unsatisfactory, adding that Kojo Mensah, as the Officer in charge of that unit, could not supervise the operations of the said unit. It later came to light after the company conducted further due diligence on Kojo Mensah’s academic and professional background, that the certificate he submitted for his employment was a forged one. Prior to the submission of the Petition against him, Kojo Mensah had on several occasions been queried by Management for abandoning his duty post and also getting very drunk during working hours. Without giving Kojo Mensah an opportunity to respond to the petition, the Management of A&B Co. Ltd did not dismiss Kojo Mensah but terminated his appointment from the Company on these grounds.

a) Explain whether A&B Co. Ltd was justified in terminating the appointment of Kojo Mensah.

(10 marks)

b) Explain whether Kojo Mensah has any chance of success in seeking redress. (5 marks)

c) Differentiate between dismissal of one’s appointment and termination of one’s appointment. (5 marks)

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BCL – July 2023 – L1 – Q4b – Employment Law

List factors that lead to the fair termination of employment under the Labour Act, 2003 (Act 651).

Termination of a contract of employment under the Labour Act, 2003 (Act 651) of Ghana may be fair or unfair.

Required:

State THREE (3) factors that will lead to the fair termination of the employment of a worker/employee by the employer. (3 marks)

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BCL – July 2023 – L1 – Q4a – Employment Law

Analyze the breach of natural justice in the termination of an employee and the obligations of an administrative body under the Constitution of Ghana.

Abaase Larbi is an accountant working in an accounting firm. The Managing Partner was of the view that Abaase Larbi was involved in fraudulent transactions with some clients of the firm. At a meeting, the Partners of the Firm concluded that Abaase Larbi had brought the name of the Firm into disrepute. As a result, the Firm terminated the appointment of Abaase Larbi. Abaase Larbi feels he has not been dealt with fairly.

Required:

i) From the facts above, explain whether there is any breach of natural justice? (3 marks)

ii) As an administrative body, state the obligation that lies on the Firm to deal fairly with Abaase Larbi in respect of the Constitution of the Republic of Ghana, 1992. (4 marks)

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