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FELIX YAW BANI V. MAERSK GHANA LIMITED

(2011) JELR 66733 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/48/2010  •  30 Mar 2011  •  Ghana

Coram
DATE-BAH JSC (PRESIDING), DOTSE JSC , YEBOAH JSC ,ARYEETEY JSC ,AKOTO-BAMFO (MRS) JSC

Appearances
JAMES MARSHALL BELIEB FOR THE APPELLANT, GEORGE THOMSON FOR THE RESPONDENT.

Judgement

DR DATE-BAH, JSC

The Facts

The plaintiff was the defendant company’s Inland Container Depot (or “ICD”) officer stationed at Kumasi. He was in charge of the defendant’s inland container depot there. By a letter of September 19, 2006, the defendant terminated the plaintiff’s appointment. The letter based the justification for this action on the findings made by a subcommittee set up by the defendant to inquire into the matter. The subcommittee had made the finding that the plaintiff had failed to exercise the required supervision over the Kumasi depot by allowing an unauthorized third party truck to be brought into the depot, contrary to company policy. The letter stated that the plaintiff’s failure to exercise effective supervision had placed the defendant at enormous risk.

The subcommittee’s inquiry had been necessitated by the following episode: a senior employee of the defendant visited its Kumasi depot on 17th August 2006 and found an unauthorized vehicle, which did not belong to the …

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