DANIEL MOORE APRAKUSU
V.
MINERALS COMMISSION

(2021) JELR 109107 (CA)    
Court of Appeal  ·  CIVIL APPEAL No: H2/234/2020 ·  25 Nov 2021 ·  Ghana
CORAM
SENYO DZAMEFE J. A. P. BRIGHT MENSAH J. A. JENNIFER A. DODOO (MRS) J. A.
Core Terms Beta
appellant
commission
respondent
national labour commission
special committee
highest standard of efficiency
commission’s regulations
award
conditions of service
appellate court
circumstances of the case
25th july
appointment of an employee
award of costs
commission’s policies
reasonable time
substantial cost
unfair termination
complaint of unfair termination
date of the termination of the employment
financial resources of the commission
internal auditor
labour commission
specific findings
staff of the minerals commission
termination of his appointment
case of misconduct
cost of gh
courts
date of his termination
employment of the worker
fair hearing
final orders
following grounds of appeal
following reasons
ghana commercial bank ltd
judgment of the trial ccourt
letter of appointment
letter of termination
notice of appeal
payment of allowances of staff
reasonable notice of the case
receipt of the record of appeal
respondent’s case
respondent’s version
special fact-finding committee
successful party
total basic salary exclusive of tax
worker’s employer

JUDGMENT

DODOO, JA (MRS)

The Complainant/Appellant (who shall in this Judgment be referred to as the Appellant) was employed by the Respondent as its internal auditor per a letter of appointment dated 6th November, 2007 to take effect from 3rd December, 2007.  On 25th July, 2016 he was invited to appear before a special fact-finding Committee set up by the Respondent in relation to the Secretariat’s accounts and accounting practices.  He appeared before the committee on 2nd August, 2016 and following on that, received a letter dated 31st August, 2016 terminating his appointment on the ground that his “conduct does not meet the highest standard of efficiency and integrity required in the Commission’s Regulations.”  After exhausting all the internal mechanisms for redress, he filed a complaint of unfair termination before the Labour Commission (The Commission).  The sole relief was for reinstatement effective from the date of his termination.

It was his complaint that the procedure used in…

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