JOHN TAGOE v. ACCRA BREWERY LTD.
2015
SUPREME COURT
GHANA
CORAM
- WOOD CJ(PRESIDING)
- ADINYIRA (MRS),JSC
- DOTSE JSC
- BAFFOE BONNIE JSC
- BENIN JSC
Areas of Law
- Employment Law
- Evidence Law
2015
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The appellant, after being terminated by the respondent for alleged assault, exhausted internal grievance mechanisms and took his case to the High Court. The High Court found in his favor, deeming the termination wrongful due to lack of evidence of assault. The respondent's appeal to the Court of Appeal was successful, as the court concluded that the assault had been proven. The appellant appealed to the Supreme Court, which held that the Court of Appeal had erred in substituting its own findings for those of the High Court. The Supreme Court reinstated the High Courts judgment and affirmed that the appellant was wrongfully terminated and entitled to damages and benefits.
JUDGMENT
BENIN,JSC:-
The plaintiff/respondent/appellant, hereinafter called the appellant, was employed in the service of the defendant/appellant/respondent, hereinafter called the respondent, in or about 1971. And for about thirty-six years he remained in the employment until his appointment was terminated by the respondent in August 2007. The reason for the termination of his appointment was that the appellant was alleged to have assaulted another member of staff whilst on duty. A disciplinary committee was set up to investigate the complaint and the committee concluded that the alleged assault was proven on the evidence placed before it. The appellant appealed to the disciplinary appeals committee to reconsider his case. After re-hearing the matter on appeal, the appeals committee dismissed the appeal. The appeals committee as well as the first committee both derived their legitimacy from the Collective Bargaining Agreement (CBA), tendered as Exhibit D, that was operative between the employees and the respondent company at all times material to this case.
Having exhausted the internal mechanisms, the appellant approached the High Court with a writ of summons, subsequently amended, claiming the following relief against the respondent:‘general damages for wrongful termination of appointment which damages include but not limited to salary, social security contribution, allowances and entitlement from the date of termination of employment.’
After a hearing, the High Court upheld the appellant’s claim, having found as a fact that the charge of assault was not established by the evidence on record. It held the termination was wrongful and therefore ordered the respondent to pay damages to the appellant. The respondent appealed against the judgment of the High Court to the Court of Appeal which upheld the appeal and set aside the judgment and orders of the High Court. The main reason why the Court of Appeal upset the High Court’s judgment was that the allegation of assault was proven on the established facts. Indeed the Court of Appeal was prepared to rest its judgment after concluding that in its evaluation of the evidence the assault charge was established. However, it went on to talk about other matters which will be discussed herein if and when they become relevant to the determination of the grounds of appeal filed by the appellant in his appeal against the judgment of the Court of Appeal.
The grounds of appeal, as amended, are:
1. The judgment of