COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE vs. GHANA COMMERCIAL BANK

A former Ghana Commercial Bank (GCB) employee, Mr Dugbartey, complained to CHRAJ that he had been wrongfully dismissed after the bank accused him, while acting as manager of the Suhum branch, of suppressing cheques drawn on an account without funds. He sought payment of end-of-service benefits, salary at current levels, and two years’ salary as damages. CHRAJ heard both sides and held that he could not be faulted for the total loss suffered by the bank, and ordered payment of his frozen benefits, salary at current levels, and two years’ salary as damages. When GCB did not comply, CHRAJ brought an action under section 18(2) of the Commission on Human Rights and Administrative Justice Act, 1993 (Act 456) to enforce its decision. The High Court examined whether CHRAJ’s interpretation of the banking rule on the twenty-working-day cheque-clearing period was correct and whether the dismissal was wrongful. Portion of judgment: “The complaint put before the Commission on Human Rights and Administrative Justice... was that the complainant had been wrongfully dismissed from his employment... CHRAJ... published its decision...” and “CHRAJ by the present action, commenced by an originating notice of motion, sought an order to enforce its decision.”