PRINCE GYIMAH vs ELECTRICITY COMPANY OF GHANA HEADOFFICE

INTRODUCTION

On the 25th day of July, 2018 the plaintiff sued the defendant, his former employer, for the following reliefs;-

a) Declaration that his dismissal was unlawful

b) Damages for wrongful dismissal

c) An order of the court to be re-instated with his benefits.

d) Any other relief granted by the court.

The defendant denied liability for all the claims of the plaintiff and described them as frivolous and unmeritorious.

At the close of pleadings the court set down the following as the issues for determination:-

1. Whether or not the defendant company is bound by the judgment of the District Court, Accra, entitled “Republic vs. Gyimah”, Suit No. B7/35/14.”?

2. Whether or not the dismissal of the plaintiff was lawful?

3. Any other issue(s) raised in the pleadings

CASE OF PLAINTIFF

The case of the plaintiff, from his pleadings and witness statement, is that he was wrongfully or unlawfully dismissed by the defendant, his former employer. He said that he was employed by the defendant in the year 2003, precisely on the 12th of May, as a driver and that it was his duty to drive the defendant’s officials on their official duties. The plaintiff was stationed at the Assin Fosu Office of the defendant.

The plaintiff said that in the course of his duties he was called upon to drive one official of the defendant by name Robert Charles Asmah who was a console Operator of the defendant in charge of the Central Region and stationed in Cape Coast. The plaintiff said he drove the said Robert Charles Asmah during his assignment in Assin Fosu and that the said Robert Charles Asmah only gave him (plaintiff) monetary gifts for the errands he run for him.

The plaintiff also said that he was not aware that Asmah was involved in any wrong doing, that is the tampering and falsification of customer electricity metre accounts with the result that such customers, including the plaintiff herein had their metre accounts credited with payments which the said customers had in fact not made to the defendant.

It was also the case of the plaintiff that the defendant wrongfully dismissed him and that there was no basis for the findings that were made against him by the defendant’s investigations committee. He was also of the position that since the District Court, Accra acquitted him on a charge of stealing in respect of the transactions carried out by Robert Charles Asmah, this court should declare his dismissal as unlawful or wrongful.

CASE OF DEFENDANT

The defendan