February 24, 2022
COURT OF APPEAL
GHANA
CORAM
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.
POKU-ACHEAMPONG, J.A.:
This is a Labour/employment matter involving a claim for wrongful dismissal. The appeal is against a judgment of the Obuasi High Court dated 11th December 2018.
Background:
On 27/2/15 the Plaintiff/Respondent, hereinafter referred to as the Respondent, issued a writ of summons and a statement of claim against the Defendant/Appellant Company, (hereinafter referred to as Appellant) for the following reliefs:
A declaration that the Plaintiff’s dismissal was wrongful and unfair.
Special and General Damages for wrongful dismissal including:
Salaries and other benefits associated with his post including actual increments, Social Security Contribution and Provident Fund Contribution with effect from the date of interdiction to the date of final judgment.
End of service benefit as per the condition of service of the Defendant, Bank(sic)
Compensation of two (2) years’ salary including Social Security Contribution and Provident Fund Contribution as the Plaintiff searches for an equivalent job.
Accumulated leave commuted to cash.
Cost as this Honourable court may deem fit.
The Appellant in a defence filed on 17/4/2015 denied almost all the averments of the Respondent in his Statement of Claim.
Respondent’s Case –
The Respondent averred that prior to his dismissal by the Appellant he was a Winding Engine Driver, a regular employee with Badge Number ZC6634. He was engaged on 23rd August 1982 and had worked for a little over 30 years for the Appellant at the time of the incident on 21/12/12 that led to his wrongful dismissal.
On 25/12/2012 Respondent avers that he was interdicted by the Appellant Company for investigations to be conducted into an alleged offence of conniving with illegal miners to steal gold products.
As part of the investigations he appeared before a Security Investigation Committee and a Disciplinary Committee. The allegation against him was that a CCTV footage had disclosed his involvement in an alleged offence of conniving with illegal miners to steal quartz.
He was found guilty despite his vehement denials and dismissed, on 25/3/13 for connivance with illegal miners to steal gold and misuse of company property.
The Respondent petitioned the then Ghana MinesWorkers Union (GMWU) to intervene on his behalf. The said petition was forwarded to the Appellant for consideration but was declined by the Appellant.
Appellant’s Case:-
The Appellant’s case was that the dismissal of the Respondent was not wrongful and th