Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



GEORGE AKPASS
V.
GHANA COMMERCIAL BANK LTD.

(2021) JELR 108741 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J4/08/2021 ·  16 Jun 2021 ·  Ghana
CORAM
YEBOAH CJ, PWAMANG JSC (DISSENTING), AMEGATCHER JSC, OWUSU (MS.) JSC, HONYENUGA JSC

Ratio Decidendi

Core Terms Beta
appellant
court
court of appeal
disciplinary committee
disciplinary hearing
trial court
bank’s customer
trial judge
lower courts
policies of the bank
apex court
branch manager
concurrent findings
customer of the bank
labour act
legal position
acts of fraudulent transfer of funds
appellate jurisdiction
following words
gross misconduct
grounds of appeal
letter of interdiction
weight of evidence
allegation of breach of article
appellant first argued grounds
appellant’s appeal
appellant’s claim
appellant’s duties
collective bargaining agreement
current appeal
decision of the trial court
employer's power
fair hearing
full trial
ghana supply co. ltd.
labour relations
long line of decisions of this court
mere query
payment of his end of service benefits
service rules
service states
shifting of evidential burden
state hotels corporation
submission of counsel
such charges
superior courts of record
termination of an employee
terms of a contract of employment

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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