SAMUEL KWAKU ADU & ANOTHER v. SG-SSB LIMITED
2016
COURT OF APPEAL
GHANA
CORAM
- MARFUL-SAU, JA (PRESIDING)
- ACQUAYE, JA
- AGYEMANG (MRS.), JA
Areas of Law
- Employment Law
- Evidence Law
- Civil Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal reviewed the evidence and procedural history from the High Court judgment concerning the dismissal of two bank employees accused of concealing fraud. The court upheld the unlawful dismissal claim of the second plaintiff/respondent, finding no misconduct on his part as he had followed the manager’s directives amid an ongoing investigation. The first plaintiff/applicant's dismissal was upheld due to proven misconduct for passing vouchers without proper customer instruction, which the court deemed contrary to acceptable banking practices. The court emphasized the importance of proper evaluation of evidence and the roles and responsibilities of employees in determining misconduct.
AGYEMANG, JA:
In this appeal against the judgment of the High Court, Labour and Industrial Division delivered on the 31st day of January 2014, the appellant is seeking a reversal of the part of the said judgment which held that the second plaintiff was dismissed unlawfully.
The first plaintiff’s claim before the court was dismissed. Being dissatisfied with the part of the judgment relating to his claim, he has also, in line with Rule 15 of the Court of Appeal Rules CI 19, filed a Notice of Intention to Contend that the decision of the High Court ought to be varied.
These are the matters antecedent to the present appeal/notice for variation: The appellant is a Financial Institution registered under the laws of Ghana and carrying on the business of Banking.
The first plaintiff/applicant and the second plaintiff/respondent (also referred to alternately as the plaintiffs, or the applicant and the respondent respectively), were until the 12th of October 2009, employees of the appellant.
The first plaintiff/applicant was the appellant Banks Risk Officer at its Akim Oda Branch.
The second plaintiff/respondent was the Operations Officer at the same Branch of the Bank.
By separate letters of 1st March 2010 and 24th March 2010 both made retrospective in operation to the 12th of October 2009, the said gentlemen were dismissed from the employment of the appellant.
The first plaintiff/applicants letter of dismissal, exhibit N gave three reasons therefor: that he had concealed a fraud of GH231, 000; that he had failed to inform management of the theft of GH 361, 000, and that he had passed a voucher for GH100, 000 to the debit of an account holder without receiving instructions from that customer.
The second plaintiff/respondents dismissal letter of 1 March 2010 exhibit E stated the reasons to be that he had concealed a fraud of GH 231, 000 and GH361, 000.
Both gentlemen were alleged in their letters to have admitted to wrongdoing.
The two plaintiffs as aforesaid, worked at the Akim Oda Branch whose operations were headed by a Mr George Sackey: the Branch Manager.
At the Branch also was the Chief Cashier: Mr Francis Tetteh whose duties included the taking of cash from the vault for distribution to the cashiers.
The same gentleman would return the cash left with the cashiers at the close of business into the vault.
On the 29th of July 2009, the said Branch Manager called the attention of the first plaintiff/applicant to the accounts presented by the Chief C