WILLIAM G.K. THOMPSON v. TOTAL GHANA LIMITED
August 11, 2010
SUPREME COURT
GHANA
CORAM
- WOOD (MRS), CJ (PRESIDING)
- BROBBEY, JSC
- DOTSE, JSC
- YEBOAH, JSC
- GBADEGBE, JSC
Areas of Law
- Employment Law
- Evidence Law
August 11, 2010
SUPREME COURT
GHANA
CORAM
AI Generated Summary
At the Supreme Court, Justice Anin Yeboah delivered the opinion in an employment dispute arising from a suspension imposed on a long‑serving Retail Network Development Manager at the appellant company. The case came on appeal from a Court of Appeal judgment of 31 July 2008 that affirmed the High Court, Accra’s decision for the manager. The appellant suspended the manager on 1 November 2005, citing his purported implication in police investigations following arrests of two mechanics at the East Legon filling station, though the police neither made adverse findings nor charged him. The Supreme Court held that because the appellant authored the suspension letter, it bore the burdens of production and persuasion to prove the underlying allegation, yet it relied on bare assertions, failed to call police or witnesses, and even tendered a hearsay Legon Police report prejudicial under sections 118 and 52 of the Evidence Act. Applying sections 11(4) and 14, the Court inferred the allegation was untrue, declared the suspension unjustified and unlawful, and dismissed the appeal, affirming the Court of Appeal.
YEBOAH, JSC:-
This an appeal from the judgment of the Court of Appeal dated 31 July 2008, which affirmed the previous decision of the trial High Court, Accra.
The respondent herein, who commenced the action as plaintiff at the High Court, Accra was at the time material to the action The Retail Network Development Manager of the appellant’s company. He had been in this official position for sixteen years and was a Senior officer. In November of 2005, the Acting Manager Director of the appellant’s company, informed him that some employees of the company had been arrested and that the respondent should go to the Police Station at Legon to give a statement to the Police. It turned out that two mechanics who were employees of the company at East Legon filling Station had been arrested. The respondent gave a statement to the Police and reported later to the Police Station on subsequent days.
On the 1st of November 2005, the respondent was at work when the Acting Managing Director of the appellant company handed a letter to him which sought to suspend him as an Officer of the company. In the course of the trial, this letter was tendered in evidence as Exhibit ‘B’. The reason canvassed in Exhibit ‘B’ for the respondent’s suspension was that he had been implicated in the ongoing police investigations. The respondent contended that the Police did not make any adverse findings against him and did not charge him with any offence. It was further contended by the respondent at no point in time did the appellant company invite him to confront him with any allegations of impropriety before he was suspended. The respondent’s Solicitor wrote to the appellant company to reconsider the decision to suspend the respondent as according to the Solicitor, the decision sinned against the basic rules of natural justice. The appellant justified the decision to suspend the respondent.
Following the response from the appellant company, the respondent caused the action herein to be commenced against the appellant seeking among other reliefs a declaration that his suspension from the employment was null and void and of no effect.
The matter proceeded to a full scale trial at the end of which the learned trial Judge of the High Court, Accra made a determination in favour of the respondent. The appellant, claiming to have been aggrieved by and dissatisfied with the judgment of the trial court lodged an appeal there from to the Court of Appeal. In its judgment, the Court of Appeal held