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ANGLOGOLD ASHANTI (GH) LTD v. JOB KINGSTON BOAKYE-MENSAH

2022

COURT OF APPEAL

GHANA

CORAM

  • A. M. DOMAKYAAREH (MRS) J. A. PRESIDING
  • B. POKU-ACHEAMPONG, J. A.
  • ERIC BAAH, J. A.

Areas of Law

  • Employment Law
  • Evidence Law
  • Civil Procedure
  • Contract Law

AI Generated Summary

This Court of Appeal decision concerns a wrongful dismissal claim by a veteran Winding Engine Driver (badge ZC6634) employed since 1982 by a mining company. After reports that illegal miners surfaced ten bags of quartz, the employer interdicted the employee on 25 December 2012 and processed him through its Security Investigation Committee and Disciplinary Committee, alleging CCTV-corroborated irregular cage movements and connivance. Despite his denials, he was dismissed on 25 March 2013 for connivance and misuse of company property; a petition by the Ghana Mines Workers Union was declined. The Obuasi High Court found the dismissal wrongful and unfair, awarding salaries, contributions, and benefits. On appeal, Poku‑Acheampong JA, with Domakyaareh JA (Presiding) and Baah JA concurring, held that while CBA procedures were followed, the employer failed to prove the criminal allegation beyond reasonable doubt under section 13 of the Evidence Act. Circumstantial suspicions and inconsistent dates did not meet the standard; the High Court’s awards were affirmed and the appeal dismissed.

JUDGEMENT