FELIX YAW BANI (PLAINTIFF/APPELLANT) vs. MAERSK GHANA LTD. (DEFENDANT/RESPONDENT)

The appellant, Felix Yaw Bani, was the Inland Container Depot Supervisor at Maersk Ghana Ltd. His employment was terminated following two incidents involving unauthorized entry of a third-party truck into the company's Kumasi Depot premises. The first incident occurred on July 27, 2006, when the truck entered and remained until July 29 due to a burst tyre. The second incident occurred on August 16-17, 2006, when the same truck spent the night in the yard without the appellant's knowledge. An investigative committee was set up, which found the appellant failed to exercise adequate supervision during the first incident but exonerated him for the second. The company terminated his employment based on these findings. The appellant challenged the termination as unlawful and unfair.

OFOE J.A: Plaintiff was the Inland Container Depot (I.C.D ) Supervisor of the Defendant Company. His employment was terminated due mainly to two incidents that happened in the course of his employment. The defendant Company, puts the incidents at three but the record of appeal discloses two. The first incident occurred on July 27, 2006 at about 3:50 pm when a third party truck i.e. a vehicle that did not belong to the Defendant was allowed into the defendant’s Kumasi Depot premises where plaintiff was the Supervisor. The vehicle left the yard on the 29th of July, 2006. The second incident was when the same vehicle entered the yard on the16th of August, 2006 and spent the night over to the 17th of August, 2006. In both these incidents a certain Kenneth Kpedor was alleged to have permitted the driver of the vehicle, Yusif Seidu another employee of the respondents and the vehicle into the yard. It was appellant’s case that he knew nothing about the vehicle’s entry in...