JOHN TAGOE v. ACCRA BREWERY LTD.

Justice E. K. Ayebi authored the lead judgment of the Ghana Court of Appeal, affirming a High Court decision that a long-serving driver’s termination was wrongful and unfair. The respondent, a 36-year employee driving vehicle GT 4598 X, asked a fuel station attendant, Maxwell Nkansah, to place 10 litres of diesel in a jerry-can after filling 940 litres to avoid spillage; a struggle ensued and fuel spilled. A Disciplinary Committee and an internal Appeal Committee upheld termination for assault. Suing thereafter, the trial court held the internal procedure under Article 39 of the Collective Bargaining Agreement was fair but the conclusion that assault occurred was unsupported. On appeal, the Court of Appeal held the employer bore the burden to prove the alleged crime (assault) beyond reasonable doubt under section 13(1) of the Evidence Act (NRCD 323) and failed, particularly given inconsistent accounts and flawed inferences. Applying the Labour Act, 2003 (Act 651), the court deemed the termination unfair, dismissed the appeal, upheld the awards with figure corrections, and denied interest.