2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Ray Charles Osei, a senior mining engineer and pit superintendent at AngloGold Ashanti (Iduapriem) Limited, sued for damages for wrongful dismissal after his termination on 12 July 2013 following a blasting incident on 30 May 2013 that damaged a company pump. The employer’s safety investigation and Disciplinary Committee found that the Standard Operating Procedure (SOP) for blasting, including a 200m exclusion zone, was not followed and attributed negligence to Osei. He argued that management breached the Collective Bargaining Agreement and failed to comply with section 201 of the Minerals and Mining Regulations (L.I. 2182), and that the Disciplinary Committee recommended only a final warning. The High Court dismissed the claim and awarded costs. On appeal, the Court of Appeal, applying the rehearing standard for weight-of-evidence grounds, held the SOP existed and was breached, disciplinary procedures were followed, due process and natural justice were observed, and Osei failed to prove contractual terms making the dismissal wrongful. The appeal was dismissed and the High Court judgment affirmed.
GEORGINA MENSAH-DATSA (MRS.), J.A.
This is an appeal by the Plaintiff/Appellant (hereinafter referred to as Appellant) against the judgment of the High Court, Tarkwa dated 28th March, 2019 in favour of the Defendant/Respondent (hereinafter referred to as Respondent).
The grounds of appeal are as follows:
1. The trial Judge did not adequately consider the Plaintiff/Appellant’s case.
2. The judgment was against the weight of evidence at the trial.
3. Other grounds may be filed upon receipt of the Record of Appeal.
The Appellant filed the following additional grounds of appeal:
1A. There was no basis upon which the Trial Court could have found that the standard operating procedure was issued in 10/2012, print dated in October, 2012 and scheduled to be reviewed in December, 2013.
2A. There was no basis for the Trial Court to find or hold that the disciplinary procedures as enshrined in the Collective Bargaining Agreement was (sic) followed to the letter.
3. The Trial Court finding that the damage to the Defendants’ property was caused by the blast or blasting conducted on 30/05/2013 is contradicted by testimonial and documentary evidence.
4. The Trial Court erred in holding that the Plaintiff failed to prove terms of his employment and that the dismissal is in accord with the said terms.
5. The decision or holding of the Trial Court that the Defendants dismissed the Plaintiff on proven grounds of negligence leading to the destruction of the Defendants’ property was not based on the evidence.
The Plaintiff/Appellant instituted this action on 11/3/2014 against the Defendant/ Respondent for the following reliefs:
1. Damages for wrongful dismissal and interest thereon at such rate and from such period as the Court may think fit.
2. Further or other relief (s).
The Appellant is a mining engineer and was the pit superintendent of the Respondent. He was employed in June, 1996 by the Respondent as a Trainee Mining Engineer.
The Appellant averred that the terms of his employment were contained in a Collective Agreement between the AngloGold Ashanti (Ghana) Limited and AngloGold Ashanti (Iduapriem) Limited Senior Staff Association (AAIL-SSA).
His case is that he has been unemployed since 12th July 2013 when he was dismissed from the employment of the Respondent without stated reason. According to him, in June, 1996, the Respondent employed him as a mining engineer at its Iduapriem mine. He stated that on 30th May, 2013 around 17:35hrs, one pump