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IRENE TETTEY-ENYO v. ELECTRICITY COMPANY GH. LTD.

2022

SUPREME COURT

GHANA

CORAM

  • PWAMANG JSC (PRESIDING)
  • DORDZIE (MRS.) JSC
  • PROF. KOTEY JSC
  • TORKORNOO (MRS.) JSC
  • AMADU JSC

Areas of Law

  • Employment Law
  • Evidence Law
  • Constitutional Law
  • Administrative Law

AI Generated Summary

At the Supreme Court of Ghana, Justice Gertrude Torkornoo JSC authored the judgment in a dispute between a senior customer relations assistant and her public utility employer arising from a televised investigative film by Anas Aremeyaw Anas. The employee was shown receiving what looked like money during working hours, leading to interdiction, an internal enquiry, and dismissal under a collective agreement clause prohibiting acts bringing the company into disrepute. The High Court found wrongful dismissal, reinstated the employee, and awarded fifteen months’ salary as damages; the Court of Appeal affirmed. On further appeal, the Supreme Court held that while disciplinary processes were followed, the employer failed to adduce sufficient, admissible evidence—beyond an unauthenticated video and hearsay voice-over—to prove misconduct or that the act brought the company into disrepute. The Court emphasized statutory and evidentiary burdens, fair hearing, and the inadmissibility of hearsay. It upheld reinstatement but, applying contemporary damages principles and given reinstatement, set aside the award of fifteen months’ salary. The appeal was allowed in part.

JUDGMENT