ALI OSUMANU v. GHANA MANGANESE CO. LTD.
2021
COURT OF APPEAL
GHANA
CORAM
- IRENE CHARITY LARBI (MRS.), JA (PRESIDING)
- GEORGINA MENSAH-DATSA (MRS.), JA
- YAW DARKO ASARE, JA
Areas of Law
- Employment Law
- Evidence Law
- Civil Procedure
- Administrative Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal of Ghana, per Georgina Mensah-Datsa (JA), dismissed the appeal of a forklift operator formerly employed by Ghana Manganese Company Limited, who sought general damages for wrongful dismissal. The dispute arose after the Respondents disciplinary committee found, based on internal investigation, witness testimony, and phone-call records, that the employee had assisted Mohammed Hussain in stealing electrical cables and a used conveyor belt from company premises. The Appellant argued the employer improperly relied on evidence from an ongoing criminal prosecution and that, after his later acquittal by the District Court at Tarkwa, the dismissal was unlawful and breached Article 8.03(b) and (c) of the parties Collective Agreement. The Court held that disciplinary proceedings are civil in nature with a lower standard of proof, that fairness does not require a court-like hearing, and that the employer had reasonable grounds, afforded a hearing, and need not await the criminal verdict. It affirmed the High Courts judgment and costs award.
GEORGINA MENSAH-DATSA (MRS.), J.A.
This is an appeal by the Plaintiff /Appellant (hereinafter referred to as Appellant) against the judgment of the High Court, Tarkwa dated 27th June, 2019 in favour of the Defendant /Respondent (hereinafter referred to as Respondent).
The grounds of appeal are as follows:
The judgment is against the weight of evidence adduced at the trial.
That the trial Court erred in holding that the Plaintiff /Appellant was given a fair hearing by the Disciplinary Committee when there was a clear breach of Article 8.03 (b) and (c) of the Collective Agreement by the Disciplinary Committee.
The trial Court erred in law in holding that the Plaintiff /Appellant dismissal was proper when it was clear from the evidence adduced at the trial that the Disciplinary Committee relied on proceedings at a pending criminal trial at the District Court, Tarkwa when no pronouncement have been made on those proceedings at the criminal trial.
Additional grounds of Appeal will be filed upon receipt of the record of proceedings.
The relief the Appellant seeks from this Court is that the judgment of the High Court, Tarkwa dated 27th June, 2019, be set aside or reversed.
The Appellant instituted this action on 1/3/2017 against the Respondent for the following reliefs:
General damages for wrongful dismissal of the Plaintiff by Defendant’s, Ghana Manganese Company Limited on 3rd March, 2016.
Any other reliefs the Court may deem fit.
The brief facts of this case are that the Appellant was a Forklift Operator working with his former employer, the Respondent until his dismissal on the 3rd March, 2016.
The Appellant’s case is that sometime on 21st May, 2015, one Mohammed Hussain was arrested by the security operatives of the Respondent for stealing electrical cables and conveyor belt belonging to the Respondent. The Respondent lodged a complaint about the theft to the police and the said Mohammed Hussain was handed over to the police and charged by the police and arraigned in Court. During the pendency of the criminal prosecution of Mohammed Hussain, he falsely mentioned the Appellant as being part of the theft that occurred. The Appellant was arrested by the police and charged together with Mohammed Hussain. The security operatives of the Respondent testified as witnesses in the case. According to the Appellant, on the 15th of July, 2015, the said Mohammed Hussain while testifying in defence of the criminal charges stated that he had had numerous mobile