Ghana Post Company Ltd. Accra v. Joseph Kwaku Agyapong
2016
COURT OF APPEAL
GHANA
CORAM
- Ayebi, J.A. (Presiding)
- Torkornoo (Mrs.), J.A.
- Domakyaareh (Mrs.), J.A.
Areas of Law
- Civil Procedure
- Employment Law
- Tort Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Plaintiff, a deputy postal manager, was found guilty of negligence by a Board of Enquiry after an audit showed financial losses. Despite the Board's recommendation for a reduction in rank, the Plaintiff was dismissed without due process and sued for wrongful dismissal. The trial court found he was unfairly treated and awarded damages. On appeal, the court upheld the trial court's decision, highlighting breaches of duty of care by the Defendant.
TORKORNOO (MRS), J. A. Until his dismissal that led to this suit, the Plaintiff Respondent worked for the Defendant Appellant Company in the rank of deputy postal manager and as post master of its Dormaa Ahenkro station.
During an audit of the financial records at his station in August 2011, a loss of Gh¢12, 581. 30 was detected.
He was transferred to Sunyani in September 2011 without entitlement to a transfer grant, and on 6th January, 2012, the management of the company wrote to him indefinitely suspending him without pay for alleged embezzlement of cash at the Post Office.
In March 2012, a Board of Enquiry found him ‘guilty of the charge’ of negligence contrary to Article 35 (3) (e) of the Collective Bargaining Agreement between the Appellant and the Communications Workers Union of the Ghana Trades Union Congress (GTUC) that the Respondent belonged to.
The particulars of his offence read thus: ‘That you J. K. Agyapong…. during the period of 2010/2011 was negligen(ce)(sic) in the performance of your duties to wit not keeping proper accounting records of cash post funds and as a result you have failed to account for an amount of GH¢12, 581 being cash post money you had received thereby denying the company the use of the money at the appropriate time’The findings of the Board of Enquiry were that though the Respondent had claimed that he had found excess cash in his records, there were actually shortages.
He had accepted the fact of this shortage before the Regional Management Team and had tried to mislead members of the BOE.
There was no evidence of his repayment of the shortage even though a lot of lodgments had been made into the company’s accounts, and the required query and suspense PV had not been given to him after the auditor detected the shortage in the accounts.
They also found as a fact that the work load at the time of the shortages was too much for him taking into account his physical disability.
The BOE recommended that though the Appellant had not been honest even in the presence of witnesses, he should be punished by a reduction in rank, taking into account the work schedule at the time that he was alone at the office.
On 23rd May 2012, the Managing Director dismissed him with retrospective effect from 6th January 2012. Aggrieved with this decision to terminate his employment, he sued the Appellant for the following claims: a. General damages for wrongful dismissal from the Defendant Company.
b. An order compelling the Defendant t