SETH APPIAH SARFO v. THE CHIEF FIRE OFFICER GHANA NATIONAL FIRE SERVICE ACCRA
January 20, 2006
COURT OF APPEAL
GHANA
CORAM
- OWUSU (M/S) J.A. (PRESIDING)
- KANYOKE J.A.
- KUSI-APPIAH J.A.
Areas of Law
- Employment Law
- Civil Procedure
January 20, 2006
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, constituted by Kusi-Appiah J.A. with Owusu J.A. and Kanyoke J.A., reviewed an appeal by Appiah Sarfo, a Ghana National Fire Service employee dismissed after a transfer from Cape Coast to Kintampo. Sarfo claimed that no accommodation was provided, that he slept at the station for three days, and that he petitioned the Chief Fire Officer and CHRAJ seeking transport or reversal of the transfer. Despite warnings, he remained absent for long periods—reporting briefly in January 2003 and then leaving without permission—amounting to 206 days of absence. He argued his dismissal violated Fire Service Regulations requiring a disciplinary tribunal hearing. The court held his prolonged absence constituted repudiation and serious misconduct permitting summary dismissal without prior hearing. It affirmed the High Court’s dismissal of his claim and rejected the appeal.
KUSI-APPIAH, J. A:
This is an appeal from the decision of the High Court, Cape Coast, delivered on 9th March 2005.
It is mainly an action for wrongly dismissal of the plaintiffby the defendant.
The defendant denied that their dismissal of the plaintiff was wrongfuland they have sought to justify it.
What then are the facts of this case? The plaintiff, Appiah Sarfo, joined the Ghana National Fire Service in 1992 as a recruit fireman.
He was first stationed at Cape Coast. On 19th August 2002, he was transferred to Kintampo in the Brong Ahafo Region.
According to the plaintiff, he reported at Kintampo only to realize thatno accommodation had been provided for him in accordance with the Fire ServiceRegulations.
He claimed that after sleeping on the bare floor at the Kintampo Fire Service Station for three days, he sought permission from the District Fire Officer to come back to Cape Coast where he reported to the Regional Fire Officer.
He then initiated some moves including petitions and personal contacts to his employers (i. e. the chief fire officer) and Commission on Human Rights and Administrative Justice (CHRAJ) to provide him with a service transfer vehicle or the decision to transfer him rescinded.
On 15th April 2003, the plaintiff was dismissed from the Fire Service for vacating his past. Dissatisfied with his dismissal, the plaintiff took action against the defendant inthe Cape Coast High Court, claiming: -“ (a) A declaration that his dismissal from the Ghana National Fire Service was wrongful.
b) An order for his re-instatement into the Ghana National Fire Service together with his promotion and all entitlements OR IN THE ALTERNATIVE(c) Damages for wrongful dismissal. ”I will refer to the parties in the manner they appeared at the court below.
After hearing evidence from the parties, the trial Judgeheld that there was no merit in the plaintiff’s case and therefore dismissed his claim.
It is against this judgment that the plaintiff has appealed to this court.
They are as follows: -(1) The Learned trial Judge erred in law by holding that the plaintiff did not deserve to be given hearing as stipulated in the Legislative Instrument L. I. 461 which governs the rules of service of the Ghana National Fire Service.
The judgment is against the weight of evidence led at the trial.
The judgment and findings made have no basis in law.
Arguing grounds (1) and (3) together Learned Counsel for the plaintiff submitted that it was wrong for the