barclays bank limited v. godson awortwi dadzie and philip nyatuame
2016
COURT OF APPEAL
GHANA
CORAM
- s. marful-sau, j.a. (presiding)
- f.g. korbieh, j.a.
- i.o. tanko amadu, j.a.
Areas of Law
- Employment Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Former bank employees sued the bank for wrongful termination after facilitating large cash withdrawals according to procedure. The trial court awarded them salaries and damages for wrongful dismissal. The bank appealed, arguing the awards were excessive and wrong. The appeals court upheld the wrongful dismissal finding but adjusted the damages, limiting salary compensation to two years and setting aside damages for prospective loss of employment.
F.G. KORBIEH, J.A. The brief facts of this appeal, as narrated in the plaintiffs/respondents’ writ of summons and statement of claim are as follows: the plaintiffs/respondents are former employees of the defendant bank who rose to the position of retail manager and customer team manager respectively.
They were both stationed at the Koforidua branch of the bank.
On the 3/1/2008, a customer of the bank, by name “No One Can Know” (NOCK) went to the bank to withdraw a total of GH¢12.3 million by four separate cheques.
The said customer’s representative, one Mr.
Aikins, had been introduced to the Koforidua branch by the Okim Oda branch manager of the bank who had explained that the Akim Oda branch had cash problems and requested the Koforidua branch to assist the customer withdraw the money; thereafter the customer had been doing business with the Koforidua branch in accordance with the bank’s procedure for withdrawal of cash.
So on the 3/1/2008, when Mr.
Aikins called to say that he was going to withdraw GH¢3,600,000.00, the 2nd plaintiff/respondent checked the account of NOCK and saw that it had GH¢4,200,000.00 in it.
As he was wont to do, the 2nd plaintiff/respondent called one Miss Joyce Bekoe of the Treasury Department at the head office of the bank for authorization and she confirmed and approved the withdrawal.
After the 2nd plaintiff/respondent had completed filling the forms for the withdrawal of the GH¢3,600,000.00, Mr.
Aikins called again to say that he was also going to withdraw GH¢8,700,000.00.
The 2nd plaintiff/respondent however declined to handle that transaction because of the quantum of the money involved.
But through the instrumentality of Mr.
Aikins, the 2nd plaintiff/respondent got a call from Miss Bekoe instructing him to process and effect payment of the second cheque as well.
The 2nd plaintiff/respondent had checked the customer’s account and found that by then it then had sufficient funds to accommodate the two cheques.
He therefore proceeded to process the second cheque as well and eventually went with Mr.
Aikins’ son, Bright Asiedu Aikins, to the Bank of Ghana agency in Koforidua where, after completing the final processes, he left Bright Asiedu Aikins to be paid the cash.
On the 31/1/2008, the plaintiffs/respondents each received a letter suspending them from work pending investigations into the unauthorized cedi overdraft withdrawal on NOCK’s account.
The plaintiffs/respondents were subsequently summoned before a