[1987]DLHC2065October 27, 1987High Court

ARKORFUL vs. STATE FISHING CORPORATION

The plaintiff, Arkorful, was employed as Deputy Chief Security Officer Investigations at the State Fishing Corporation. He investigated a theft involving 50 cartons of fish allegedly stolen by a customer, Mary Boateng, and two employees. During the investigation, Mary Boateng attempted to bribe the plaintiff with money which he returned. Subsequently, a disciplinary committee was set up to investigate the theft. Unexpectedly, the plaintiff was accused of extorting money from Mary Boateng and others during the investigation. The plaintiff denied the allegations and complained about the committee's lack of quorum and hostility. He was interdicted and later summarily dismissed retrospectively to 30 September 1976, without being given a proper opportunity to defend himself or confront his accusers. The plaintiff challenged the dismissal as wrongful and sought damages.

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JUDGMENT OF OSEI-HWERE J.A. Until the defendants wrote to dismiss the plaintiff summarily, retrospective to 30 September 1976, the plaintiff was employed as the deputy chief security officer (investigations) of the defendant-corporation. His letter of dismissal alleged that he had allowed himself to be influenced by monetary gains when he was assigned to investigate a fish deal involving the theft of 50 cartons of fish by both a customer and an employee of the corporation. Aggrieved by his dismissal, the plaintiff brought this action and, by his amended writ, he claims for: 1. a declaration that his purported dismissal is wrongful; and 2. ¢2,000,000 (two million cedis) as (a) damages for wrongful dismissal; (b) the estimated current value (at the date of judgment) of salaries from 1 October 1976 to date of judgment; (c) damages for loss of employment; and (d) exemplary damages. It all began this way: In the afternoon of 24 March 1976 the defendants’ marketing manager alerted sec...