(2016) JELR 107532 (HC)    
High Court  ·  SUIT NO. INDL/64/15 ·  21 Dec 2016 ·  Ghana
Core Terms Beta
drawer’s confirmation
burden of persuasion
court finds
exhibit c
punitive sanctions
sufficient evidence
advice of cheques
advice policy
alleged misconduct
burden of proof
customer’s instructions
mind of the tribunal of fact
obligation of a party
payment advices
retail manager
above sanctions
bases of the sanctions
cheque exhibit
civil actions
confirmation of the drawer
court show
customer’s letter
customer’s prior confirmation
employee of defendant
employment contract
employment relationship
exhibit c lists
exhibit c states
exhibits d1
following measures
following reliefs
payment of any difference
payment of fraudulent cheque number
plaintiff’s claim
refund of an amount of ghc67,832.30
required evidence


Plaintiff is an employee of Defendant, the latter being a company duly registered  to do banking business in Ghana. Plaintiff averred that, by letter dated 27th December, 2013 Defendant applied the following punitive sanctions against him:  

i. Demotion from Officer Grade I to Officer Grade II 

ii. Refund of an amount of GHC67,832.30 within three (3) months or  be dismissed. 

Plaintiff alleged that, the reasons given by Defendant for the above sanctions  were the following captured in exhibit 13 (same as exhibit I):

i. Confirming payment of fraudulent cheque number 560949 dated  25/08/2011 for GHC67,832.30 in favour of Pentros Ventures, a customer  of National Investment Bank, Takoradi. 

ii. Relying on pre-payment advices signed by only one person whose name  was not stated in the customer’s letter, even though provisions was  made in the letter for two people to sign and contrary to the Bank’s  circular dated 1st April, 2011 on pre-advice of cheques. This was also  contrary to …

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