BANK OF GHANA
V.
NYARKO AND ANOR

JELR 81395 (CA)    
Court of Appeal  ·  Ghana
 · 
Other Citations
[1973] 2 GLR 265-276
CORAM
APALOO, LASSEY AND ARCHER JJ.A.
Core Terms Beta
bank
respondents
judge
court
learned judge
interlocutory judgment
wrongful dismissal
favour of the respondents
rights of the parties
disciplinary committee
house of lords
respondents' resignation
calendar month's previous notice
contract of employment
employees of the bank
final judgment
national dock labour board
private employer
special damages
statement of claim
statutory corporation
statutory scheme
such persons
valid reason
bank of ghana act
case of the first respondent
case of the second respondent
complaint of the bank
consequence of this order
consequential award of damages
delegated legislation
discriminatory practices
employ of the bank
facts of this case
first respondent
following steps
grounds of appeal
high court
judgment of hayfron-benjamin j.
learned judge's conclusion
local board
lord keith of avonholm
necessary consequence of this holding
own offer
provisions of condition
second respondent
such contract
terms of contracts of service
virtue of section
wrongful dismissal of the plaintiffs

 JUDGEMENT

Apaloo J.A. The Bank of Ghana (hereinafter called the bank) appeals against the judgment of Hayfron-Benjamin J. whereof the judge awarded in favour of the respondents, general and special damages for wrongful dismissal.

The respondents were until 30 June 1967 employees of the bank in different capacities. The first respondent was employed in 1959 as a clerical officer and had by June 1967 risen to the post of a senior clerk on a salary of ¢ 1,400 per annum. The second respondent was employed in August 1965 as an officer grade 2 on probation and by June 1967, was confirmed in his post and was in receipt of a salary at the rate of ¢ 1,960 per annum.

Some time between August and September 1967, the respondents were arrested and charged with stealing. The charges against them seem to have been preferred on the complaint of the bank. On 15 December 1967, the Republic entered a nolle prosequi against them and they were discharged. While the criminal matter was pending against them, …

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