The general rule is that the employee must surrender all company property to the employer when the employee/employer relationship ends. Absent any explicit agreement to the contrary, this general rule becomes blurred when the property involves a cell phone line used by the employee. Under common law, it is obvious that the telephone handset is the property of the employer if indeed the employer bought the handset for the use of the employee. The ownership of the telephone line (the telephone number) however can be the subject of dispute. In one complaint, the employee was terminated after a downsizing exercise. Among other things, the employer requested that the employee surrender her telephone number. The request was quiet distressing to the employee as she had used the same number as her only telephone line for 12 years. In addition to using the number for office related work, the number is also listed on her bank account, tax documents and she had used the number to establish other important personal connections. The company was reluctant to release the telephone number because they feared they might lose the business of some clients who will try to reach the company through the number. This complaint was amicably settled without resort to the court. However because of the increasing use of cell phones, it is very easy for a similar case to end up in the court soon.
To prevent a possible dispute it is very important that the parties agree at the front end of their relationship as to the ownership of cell phone numbers.
Since there is currently no legislation in Ghana covering such matters, a dispute of this nature will be decided based on facts adduced by the parties at trial. It is likely to be decided in favor of the party who is able to adduce compelling evidence to prove two things. That he is the rightful owner of the telephone line and that more harm will be occasioned if the number is taken away. Here are some of the issues the courts may consider in reaching a decision on this matter.
Who purchased the right to use the number originally? – did the employee have the use of the number before the employer-employee relationship started? – did the employer purchase the line for the use of the employee?
Who is responsible to pays for the phone line – employee or employer? – Who pays for the phone line?
What is the phone line substantially used for – was it used substantially for the employer’s business or for the employee’s private dealings?
Is this the only telephone line the employee uses? Can the employer forego the use of the phone line without any great harm?
Has the employer acted in a way that will reasonably suggest to the employee that the employee will have ownership of the number after their relationship ends? Has the employee also demonstrated such a behavior?
