GH - ROBERT NSOBILA ABANE VS METRO MASS TRANSIT LIMITED

(1) INTRODUCTION The plaintiff on 22nd May 2018, sued the defendant for the following reliefs:

(a) A declaration that the termination of the plaintiff’s employment by the defendant was wrongful and unlawful.

b) Damages for wrongful and unlawful termination of his employment

(d) Any other reliefs the honourable court deems fit.

The defendant denied liability for the claims of the plaintiff and at the close of pleadings the following issues inclusive of additional ones filed by the defendant were set down by the court for determination: -(1) Whether or not, having commenced disciplinary proceedings against the plaintiff on a charge of misconduct, defendant was obligated to establish plaintiff’s culpability before terminating his employment? (2) Whether or not the disciplinary proceedings conducted by the defendant company clearly established the culpability of the plaintiff? (3) Whether or not the disciplinary proceedings were fair, just and without bias? (4) Whether or not the termination of the plaintiff’s employment by the defendant was wrongful? (5) Whether or not plaintiff instructed Jefferson Dalleih to secure tickets for ninety (90)passengers amounting to GH¢1, 170. 00? (6) Whether or not the plaintiff paid GH¢1, 170. 00 instead of GH¢1, 500. 00? (7) Whether or not plaintiff kept the difference of GH¢330. 00? (8) Any other issue(s) arising out of the pleadings? (2) CASE OF THE PLAINTIFF The plaintiff says he was employed as an accounts officer by the defendant in the year 2006 and worked diligently for the defendant.

He was first posted to the defendant’s Bolgatanga Depot.

After serving his probationary period of 6 months, he was confirmed as a regular employee.

The plaintiff said he was subsequently transferred by the defendant to its Kumasi Depot in 2009 and again in the 2012, he was transferred to the defendant’s depot in Ho.

While at the Ho depot he was made a member of the defendant’s Bus Hire Committee comprising the Principal Accounts Officer, the Transport Officer and a representative from the Technical/Workshop Department.

According to the plaintiff the Bus Hire Committee is responsible for ascertaining the amount for bus hiring services on behalf of the defendant aside the normal walk in passenger patronage.

He also said that whenever the committee received a request for bus hires, the members of the committee agree on a charge for the transaction and t