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JUSTICE AWUKU-SAO v. GHANA SUPPLY COMPANY LTD.

March 11, 2009

SUPREME COURT

CORAM

  • BROBBEY, J.S.C. (PRESIDING)
  • ANSAH, J.S.C.
  • ADINYIRA, J.S.C.
  • DOTSE, J.S.C.
  • ANIN YEBOAH, J.S.C

Areas of Law

  • Employment Law
  • Constitutional Law
  • Administrative Law
  • Tort Law

AI Generated Summary

Mr. Justice Awuku-Sao, Managing Director of Ghana Supply Company Limited, appealed to the Supreme Court after the Court of Appeal affirmed the High Courts dismissal of his claims for wrongful dismissal and defamation. While Awuku-Sao was on leave, the Board requested a forensic audit from the Auditor-General and, relying on adverse findings, summarily dismissed him by letter dated 17 June 2003. He argued that he was covered by the Senior Staff disciplinary procedures (Exhibit F), that he was denied a fair hearing, that the dismissal was against the weight of evidence, and that handing the audit report to the press was defamatory. The Supreme Court held that the Managing Directors special appointment letter (Exhibit A) vested disciplinary control in the Board and that Exhibit F did not apply. Under Article 23, fairness was satisfied by his written comments on the interim report. Applying common-law principles, the Court found objective grounds for dismissal, including unauthorized post-sale renovations. It rejected the defamation claim in light of public interest commentary and affirmed the lower courts concurrent findings, dismissing the appeal.

JUDGMENT