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FELIX YAW BANI v. MAERSK GHANA LTD.

March 18, 2010

COURT OF APPEAL

GHANA

CORAM

  • QUAYE, J.A (Presiding)
  • ACQUAYE, J.A
  • OFOE, J.A

Areas of Law

  • Employment Law
  • Contract Law
  • Civil Procedure

AI Generated Summary

Felix Bani, the Inland Container Depot Supervisor at Maersk Ghana Limited’s Kumasi depot, challenged the termination of his employment following two unauthorized entries by a third-party truck—one remaining in the yard between July 27 and 29, 2006, due to a reported burst tire, and another discovered early on August 17 after entering the evening of August 16. An internal subcommittee found Bani failed to exercise adequate supervision in the July incident, though he was exonerated for the August entry. The trial court dismissed his suit seeking declarations of unlawfulness and unfairness, reinstatement, or compensation. On appeal, OFOE J.A. held Bani had a duty to prevent or promptly remove unauthorized trucks and offered no adequate explanation for the July delay, but the employer breached Section 40 of the Collective Agreement by failing to provide 30 days’ notice or salary in lieu, rendering the termination wrongful procedurally. The court rejected the unfairness claim and awarded nominal compensation of three months’ salary, with QUAYE J.A. and ACQUAYE J.A. concurring.

JUDGMENT