ROBERT NSOBILA ABANE VS METRO MASS TRANSIT LIMITED
November 10, 2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE ANANDA J. AIKINS (MRS)
Areas of Law
- Employment Law
- Evidence Law
- Contract Law
November 10, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
A long-serving accounts officer at the defendant’s transport company, who had been posted to Bolgatanga, Kumasi, and Ho and served on the Bus Hire Committee, arranged a Rotary Club round trip for 45 students to the University of Professional Studies, Accra, at GH¢1,500. Dispatch clerk Jefferson Dalleih issued standard tickets totaling GH¢1,170, leaving GH¢330. The defendant alleged the plaintiff directed payment through Jefferson’s MTN mobile money and kept the difference. After a query, interdiction, and a disciplinary hearing that did not disclose specific charges, the defendant terminated the plaintiff’s employment on 28 December 2016, effective 1 January 2017—only three days’ notice. Citing Aboagye v GCB, Majolagbe v Larbi, and Labour Act 651 sections 15, 17(1)(a), and 63(4), the High Court found the disciplinary process unfair, the plaintiff’s culpability unproven, and the notice deficient. It held the termination wrongful and awarded GH¢100,000 general damages and GH¢10,000 costs, noting Jefferson’s improper use of a personal mobile money account.
(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
(c) Cost in the action including lawyer’s fees, on a full indemnity basis; and
(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