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JUDGMENT
AYEBI J. A.
This is an appeal by the defendants hereinafter referred to as the appellants from the judgment of an Accra Circuit Court dated 15th July, 2008.
The plaintiff now to be referred to as the respondent was a deputy supervisor in the Engraving Section of the 1st respondent, a well-known textiles manufacturing company.
The 2nd respondent is the personnel manager of the 1st respondent company.
The underlying facts which precipated this action by the respondent is instructive.
The respondent on 6th June 2006 applied for and collected 20 pieces of copper plates from the stores.
Inside the yard of the 1st appellant is a rubbish dump where garbage/rubbish generated by the 1st appellant’s activities are dumped and collected for disposal by Volta River Authority refuse trucks.
In the morning of 9th June 2006, security personnel detailed in the parking yard discovered 21/2 (two and a half) bars of imported copper bars and 2 (two) locally manufactured copper plates in a fertilizer sack.
The sack was placed in an open iron drum and covered with waste pieces of calico, cotton, discarded polythene and Fante Kenkey leaves.
The contents of this drum is thus presented as rubbish and placed beside two other iron drums. The management of 1st respondent traced the source of the copper plates to the Engraving Section of the Printing and Dyeing Department, the only section which uses copper anodes and plates.
The management tasked the security section to investigate the matter.
It is said before investigation could commence, Aaron Owusu of the Engraving Section informed his supervisor that upon the instruction of David Asare, also of the same section, he pushed the said drum to the rubbish dump.
When David Asare was accosted, he mentioned the respondent herein as the master brain behind the deal.
The respondent was also confronted and statements taken from all of them.
They were then charged with the theft of the copper plates.
Following that, a Disciplinary Committee was set up to establish the extent of involvement of each of them and make appropriate recommendations.
The Disciplinary Committee chaired by 2nd respondent in his capacity as the Personnel Manager sat and heard the case of the three suspects and other staff from the Engraving Section.
At the end of the day, the committee found the respondent and David Asare “guilty of colluding to steal the copper bars and plates”. It recommended their dismissal with benefits.
The Committee saw the role