Nestle Limited sued

A former employee of the Central and West African Regional Office of Nestle Limited, has issued a legal suit against the multi national food and beverage producing company at an Accra High Court for unfairly terminating his appointment. According to the Plaintiff, Mr. Philip Anane, the former Regional Corporate Communication and Public Affairs manager of the multi national company, with its head office based in Switzerland, the termination of his appointment was wrongful, arbitrary and unfair. The Plaintiff, who has a dual Swiss and Ghanaian nationality, is therefore seeking a declaration of the court that the decision of his employers in terminating his appointment was illegal, capricious and unwarranted. Furthermore, Mr. Anane is seeking general and special damages for wrongfully and unfairly termination his contract with the company in addition to all losses incurred thereafter including injury to reputation, loss of expectation and dwindling of future prospects of employment. Additionally, plaintiff is seeking the payment of lump sum compensation from the defendant company, with remuneration for each year of service, payment in lieu of notice, settlement of all outstanding benefits, bonuses, allowances, leave vacation and accrued entitlements due including his share of Management Bonus Scheme, Expatriation Allowance, Location Allowance, Medical Coverage and pension Scheme from the date of his wrongful termination of employment to the date of final payment. Mr. Anane is also demanding among others, including cost with interest at the prevailing bank commercial rate on such sums found by the Court to be due him from the date of his wrongful termination of employment to the fate of final payment. In his statement of claim, plaintiff indicated that he was recruited into the defendant company by a contract of employment starting on April 1, 2007 after a detailed process into Ghana based on a Home Based Expatriate Status and appointed as its Regional Corporate Communication and Public Affairs Manager, a new position created within the Defendant Company. Plaintiff, who had experiences having worked in various capacities with various firms in Switzerland, Africa and the Middle East, noted that during his tenure with the Defendant Company, he had performed his duties with diligence and dedication. Mr. Anane asserted that as part of Defendants employment remuneration and benefits package, he was entitled amongst others to an Annual Net Expatriation Allowance, Annual Net Location Allowance, pension and Retirement benefits, Medical Coverage as per the Nestle Expatriate medical Plan, Leave and Travel allowances as well as participation in the Management Bonus Scheme. According to him, in his first year of service with the defendant company, his performance was assessed by his superior, Mr. Friedrich Mahler the then Regional/Market Head under The Nestle Performance Evaluation system and classified as �Masters�, a rating which translates to very satisfactory performance. Plaintiff pointed out that between February 2008, when one Mr. Etienne Benet took over from Mr. Mahler to the date of the termination of his appointment; he had not received any query or notification regarding dissatisfaction over his performance. He further noted that a correspondence with the head office of the defendant company as at October 2008 indicated that his progress and plans for the months ahead had been endorsed by his superiors but was released from his duties from March 6, 2009 through an unsigned letter dated March 4 2009, emanating from Mr. Etienne Benet, Regional/ Market Head. Plaintiff observed that Defendant Company subsequently, by another letter dated March 16 2009, and signed by the said Mr. Etienne Benet, terminated his contract of employment on alleged recurrent underperformance on his part. To Mr. Anane, the allegations of recurrent underperformance were totally unjustified and without any basis whatsoever noting that the decision of Mr. Elienne Benet to terminate his appointment was borne out of intolerance with undertones of racial discrimination in contravention of the defendants own Human Resources Policy and Corporate Business Principles. According to plaintiff, the wrongful termination of his contract employment with the accompanying reasons assigned have not only damaged and reduced his prospects of gaining any future employment but have also caused him great embarrassment, mental distress and injury to his reputation. Mr. Anane asserted further that by the unfair termination of his appointment, the Defendant Company had denied him the advantage of receiving certain benefits and allowances due him if he were to remain in the employment of the Defendant. However, Nestle Central and West Africa Limited has denied any wrongdoing, as it accused the plaintiff of recurrent under performance and has since filed a counter suit praying the court to order the plaintiff to vacate the company�s property and hand over the company�s vehicle. The court, which was expected to deliver its ruling yesterday on whether or not to order the plaintiff to vacate the defendant�s premises has deferred ruling to January 20, 2010. According to the defendant company, the decision to terminate the plaintiff�s employment based on his abysmal performance was discussed with the later as he was in agreement with the identified weaknesses. According to Defendant Company, no loss has been caused to the plaintiff and therefore had no cause of action against them and also not entitled to any of the reliefs sought.