IRENE TETTEY ENYO V. ELECTRICITY COMPANY OF GHANA LTD.

RULING

PWAMANG JSC:-

My Lords, the applicant before us is praying for a review of the decision of the ordinary bench delivered on 29th June, 2022 on the main ground, that the ordinary bench inadvertently committed a basic error when they, by implication, upheld that the applicant is a public service. 

The respondent sued the applicant in the High Court for wrongful dismissal at common law and among the reliefs claimed was for an order of reinstatement. The applicant defended the action by stating that the dismissal of the respondent was not wrongful and further that, even if it was wrongful, the respondent was entitled to only damages and not reinstatement since the applicant is not a public service.

In his judgment, the High Court judge held that the dismissal was wrongful and also that the applicant is a public service thus, apart from the award of damages, the applicant was liable to be ordered to reinstate the respondent. The trial judge relied on article 191 of the Constitution, 1992…