EMMANUEL FOSU BOATENG VS E.B ACCION SAVINGS AND LOANS COMPANY LTD
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP BARBARA TETTEH-CHARWAY (J)
Areas of Law
- Employment Law
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
Emmanuel Fosu Boateng, former Head of Credit and Operations, was terminated after allegations of misconduct. He sued for wrongful dismissal, demanding compensation. The court found the termination justified based on proven misconduct related to the loan process and defaulting on a loan from a rival company. The court dismissed his claims, granting the defendant's counterclaim for recovering a staff loan with interest.
The plaintiff, Emmanuel Fosu Boateng, was until 16th February 2012, the Head of Credit and Operations Department of the Defendant Company.
Before his promotion to the position of Head of Credit and Operations Department, the plaintiff was the Deputy Branch Operations and Credit Manager.
The Defendant, on the other hand, is a limited liability Company registered under the laws of Ghana and working in partnership with the International Monetary Fund (IMF). The plaintiff’s case is that sometime in December 2011, he was asked to proceed on leave to allow for thorough investigations to be conducted into allegations received against him.
Thereafter, on 29th December 2011 he received a letter from the Head of Human Resource and Administration suspending him from his job for a period of one month without salary.
On 9th February 2012, the plaintiff was invited to appear before a committee that had been set up to inquire into allegations made against him.
These allegations included blackmail, fraud, bribery, abuse of power and sexual harassment.
According to the plaintiff, he was never shown a copy of the report of the investigative committee and neither was he confronted by anyone who had been at the receiving end of his alleged misdemeanors contrary to paragraph 3 of section 4. 5 of the Defendant’s Human Resource Manual.
He claimed that on 17th February 2012, he received a letter from the defendant terminating his appointment.
On 18th February 2012, he wrote formally to demand a copy of the findings of the investigative committee but to date has not received any response.
The plaintiff maintained that the purported termination of his appointment by the defendant was in contravention of the defendant’s Human Resource Manual that tended to promote enhanced punishment for repetitive acts.
He therefore contended it was improper for the defendant to have terminated his appointment at first instance in the absence of proof of repetitive behaviour.
Furthermore the plaintiff complained that the termination of his appointment was without basis as the defendant failed to prove any of the allegations made against him.
In respect of the allegations made against him, the plaintiff claimed firstly that he was accused of colluding with other employees to grant loan facilities to two customers, Randies Enterprise and Kofi Attuahene Asante who had defaulted in repayment.
He claimed that he denied the allegations of collusion and explained that he did not exercise cont