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RALPH AGBALENYO
V.
GHANA MINE WORKERS UNION OF TUC

(2016) JELR 67814 (CA)

Court of Appeal 17 Nov 2016 Ghana
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- The case involves the termination of the plaintiff/appellant's appointment by the defendant/respondent. - The appellant was the Industrial Relations Officer of the respondent union. - The termination was based on proven misconduct as prov

Case Details

Suit Number:CIVIL APPEAL NO. H1/22/2016
Judges:MARFUL-SAU JA (PRESIDING), AGNES DORDZIE JA, TANKO AMADU JA
Counsel:KWASI DANSO- ACHEAMPONG FOR PLAINTIFF/ APPELLANT,CHARLES BAWADUAH FOR DEFENDANT/RESPONDENT

MARFUL-SAU, JA

The record of this appeal raises one fundamental issue, which is whether or not the termination of plaintiff/appellant's appointment by the defendant/respondent was lawful. I will therefore address this issue and later comment on the two grounds of appeal formulated in the Notice of Appeal.

The defendant/respondent to be referred to as the respondent, by a letter dated the 5th of May 2005 terminated the appointment of the plaintiff/appellant to be referred to as appellant. The appellant until the termination of his appointment was the Industrial Relations Officer of the respondent union. The letter of termination, which was tendered as Exhibit B, provided in the last paragraph as follows:-

"The report of the investigation Committee was placed before the Management Committee of the Union at its sitting on 27th April, 2005. The Management Committee unanimously endorsed the recommendation of the Committee that your appointment with the Ghana Mineworkers Union be terminated on…

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