KOFI SENKYIRE v. ABOSSO GOLDFIELDS LTD.

J U D G M E N T

ANINAKWA, J.S.C.:

This is an appeal from the unanimous judgment of the Court of Appeal dated the 25th July 2002 reversing the decision of the Circuit Court, Tarkwa.

The Appellant (hereinafter referred to as the Plaintiff.) was in the employment of the Respondents (hereinafter referred to as the Defendants), on the terms contained in the letter of appointment dated the 26th September, 1996.which is in evidence as Exhibit 1. There is also in evidence as Exhibit 3 the Defendants’ full Conditions of Service titled, “ABOSSO GOLDFIELDS LTD CONDITIONS OF SERVICE”

These two Exhibits spell out in full details the Terms and Conditions of the Plaintiff’s employment, which took effect from the 1st October.1996.

The plaintiff was appointed to join the Defendants` Staff as core Cutter/Sampler based at the Damang Gold mines. The Plaintiff rose to become the foreman of the Sampling Department of 14 men.

On 29th March, 1999 the plaintiff went to work with his group of 14men at 6:30pm and closed at 5:30am the next morning, i.e. on the 30th March 1999. On this fateful day the plaintiff, contrary to the normal practice at this department on closing days, despatched the workers under him to go by the bus and directed the driver to come later to pick him. As had been arranged the bus came to pick him alone to the security gate.

When the bus reached the Security gate and he got down, the security man on duty at the gate confronted him of his mission. He informed the security man that he was looking for a friend, one Kenneth Nukute. Not satisfied with the plaintiff’s said reply, the security man inspected a sample bag which Plaintiff was carrying. The security man found that the bag contained gold bearing rocks and immediately informed Plaintiff that he was under arrest for attempting to steal the sample. Plaintiff was made to write a statement. The Defendants, invoking the disciplinary rules in the Terms and Conditions of Plaintiff `s employment, imposed on him an instant suspension.

Two weeks later he was invited to appear before a three man Committee to explain his conduct in carrying the sample bag containing Gold bearing rocks to the Security gate.

The Committee was not satisfied with his explanation, and recommended that his appointment be terminated and the relevant entitlements paid to him. Accordingly the Defendants’ dismissal letter dated the 14th of April 1999, and in evidence as Exhibit 2, brought the plaintiff’s employment to an end by dism