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February 26, 1971
HIGH COURT
GHANA
CORAM
JUDGMENT OF ABBAN J.
The plaintiff in this action claims general damages for wrongful dismissal and the recovery of certain benefits to which he is entitled under the pension scheme established by the defendants. The writ of summons reads as follows:
"Recovery of liquidated amounts of benefits under Staff Pension Scheme Policy No. A/2/97466/7/8 and Policy No. G/97466/8 under Assurance Society all totalling N¢1,303.82 and general damages for wrongful dismissal of the plaintiff by the defendants."
The plaintiff in his evidence averred that by a letter dated 26 June 1957, the defendants employed him as a museum assistant with effect from 1 July 1957. By virtue of this appointment the plaintiff joined the staff pension scheme established by the defendants. He said as an employee of the defendants, he came to know which objects are classified as relics and that relics have been defined in the Ghana Museum and Monuments Board Ordinance, 1957 (No. 20 of 1957). According to the plaintiff while in the defendants' employment, he exported wood carvings, wooden dolls and adinkra stamps, but he denied that these were relics as defined in section 2 of the Ordinance No. 20 of 1957. That definition reads:
" `relic' means-
(a) any fossil of any kind;
(b) any ancient drawing, engraving or painting on stone or petroglyph of archaeological, ethnographical or historic interest;
(c) any ancient implement, article or ornament of archaeological, ethnographical or historic interest; and
(d) any archaeological or ethnographical contents of any ancient monument or ancient working."
The plaintiff averred further that before the defendants terminated his appointment he was interdicted for having exported African antiques and for absenting himself from duty and drawing a salary for that period of absence. These allegations were gone into by Mr. Asiedu Akrofi as an inquiry officer appointed by the defendants and the plaintiff was completely exonerated. The plaintiff said the police were also called in to investigate the alleged exportation of the African antiques and again nothing was found against him. But thereafter, without any cause, he received from the defendants a letter dated 30 December 1966, terminating his appointment by giving him one month's salary in lieu of notice. He stated that the [p.4] defendants have also unjustifiably withheld the payment of his pension benefits under the staff pension scheme. Hence this action.
The plaintiff's witness, Mr. Asiedu Akrof
AI Generated Summary
Mr. Arkhurst, a museum assistant appointed by the Ghana Museum and Monuments Board in 1957, and enrolled in its non‑contributory staff pension scheme, sued for general damages for wrongful dismissal and recovery of pension benefits. He admitted exporting goldweights, brass vessels, wood carvings, dolls and adinkra stamps but denied they were ‘relics’ under the Ghana Museum and Monuments Board Ordinance, 1957. An internal inquiry by Mr. Asiedu Akrofi cleared him on absenteeism and salary concerns, and police investigations into missing museum objects ended without charges. The Board, however, after learning of his clandestine exports without licence or consent, resolved to dismiss him for grave misconduct and later denied superannuation benefits. Abban J. construed the appointment letter to allow dismissal only for grave misconduct or criminal offence, held that Mr. Arkhurst breached the implied duty of fidelity by exporting museum‑type objects for private gain in violation of customs rules and public policy, and upheld both the dismissal and the Board’s discretion to withhold benefits.