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AFETORGBOR v. GHANA AIRWAYS CORPORATION

1990

COURT OF APPEAL

GHANA

CORAM

  • OSEI-HWERE JSC
  • LAMPTEY
  • ESSIEM JJA

Areas of Law

  • Employment Law
  • Contract Law
  • Civil Procedure

AI Generated Summary

Essiem JA authored the lead judgment in an employment dispute arising from a summary dismissal. The appellant, a long‑serving employee of the defendant‑corporation, was dismissed following the disappearance of a carton of whisky from a DC‑9 flight at Kotoka International Airport. The whisky was found in the Ethiopian Airlines equipment room, which the appellant controlled, and he admitted placing it there; a committee of inquiry found his explanations unsatisfactory. In the High Court, the trial judge accepted the corporation’s evidence and held the dismissal lawful under article 35(b) of the collective agreement. On appeal, counsel argued that only a criminal conviction could justify summary dismissal. Essiem JA rejected that argument as dangerous, emphasized that the appellant was given an opportunity to defend himself, and concluded the dismissal complied with the agreement. Osei‑Hwere JSC and Lamptey JA concurred, and the court dismissed the appeal.

JUDGMENT