Effect of accepting a redundancy package
Under general contract principles, the plaintiff, by accepting the package offered him, entered into a compromise agreement which appeared to extinguish any claims that he had against his employer in respect of the termination of his employment. At the very least, he should have indicated at the time he accepted the package that he was doing so, without prejudice, or under protest.
LT. COL. S. B. ASHUN VRS ACCRA BREWERY LTD CIVIL APPEAL NO. J4/18/2007 [2026] SLR (SC) 34 · Supreme Court · 2008 · DATE-BAH JSC
Read it in the judgmentThe acceptance by the Plaintiff of the redundancy package offered him by the defendant meant that the termination of his employment was not unlawful or wrongful. We are not persuaded by the Plaintiff's contention that the redundancy package was unilaterally determined by the defendant company. It was open to the Plaintiff to reject it, if he was so minded. By accepting the package, he made the termination one by mutual agreement. He therefore had no cause of action against the defendant.
LT. COL. S. B. ASHUN VRS ACCRA BREWERY LTD CIVIL APPEAL NO. J4/18/2007 [2026] SLR (SC) 34 · Supreme Court · 2008 · DATE-BAH JSC
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