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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

AI Generated Summary

This case involves an appeal by a former employee against his summary dismissal for alleged theft. The plaintiff was dismissed by his employer, a corporation, for involvement in the theft of a carton of whisky. He sued for wrongful dismissal, seeking reinstatement and restoration of benefits. The High Court ruled in favor of the employer, finding the dismissal lawful under the collective agreement. On appeal, the plaintiff's counsel argued that a criminal conviction was necessary before summary dismissal. The Court of Appeal rejected this argument, holding that an employer can summarily dismiss an employee for gross misconduct like theft without requiring a criminal conviction. The court found that the evidence justified the dismissal, the plaintiff was given an opportunity to defend himself, and the dismissal was in accordance with the collective agreement. The appeal was dismissed, affirming the lawfulness of the summary dismissal.

JUDGMENT