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GEORGE AKPASS
V.
GHANA COMMERCIAL BANK LTD.

(2021) JELR 108741 (SC)

Supreme Court 16 Jun 2021 Ghana
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- The appellant, George Akpass, a former chief clerk of a bank, was dismissed due to allegations of fraudulent activities. He challenged his dismissal in court, claiming he acted under the instructions of the bank's branch manager. - The H

Case Details

Suit Number:CIVIL APPEAL NO. J4/08/2021
Judges:YEBOAH CJ, PWAMANG JSC (DISSENTING), AMEGATCHER JSC, OWUSU (MS.) JSC, HONYENUGA JSC
Counsel:EUNAS KOFI ESHUN FOR THE PLAINTIFF/APPELLANT/APPELLANT; KWAME D. S. ASIRI FOR THE DEFENDANT/RESPONDENT/RESPONDENT.

JUDGMENT

MAJORITY OPINION

AMEGATCHER, JSC

Until 29th May 2009, the appellant, George Akpass was a chief clerk of the Bole Branch of respondent bank, having worked there for approximately 27 years. The appellant was summarily dismissed on 29th May 2009. He was initially interdicted for certain acts of fraudulent transfer of funds into his accounts and uncredited lodgement into the account of Total Petroleum by a customer of the bank called Gyimantwi Enterprise. Prior to the dismissal, a disciplinary hearing was held into the source of his authority to give immediate value to bank cheques sent for clearing between 1st January 2007 and April 2008 contrary to laid down policies of the bank.

FACTS:

The appellant challenged his dismissal by a writ at the High Court, Accra. He sought a declaration that his dismissal was unlawful, reinstatement with full benefits, compensation for unlawful dismissal, damages, costs, and solicitor’s fees, In the alternative, he asked for payment of his end of servi…

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