[2010]DLSC2520August 11, 2010Supreme Court

WILLIAM G.K. THOMPSON vs. TOTAL GHANA LIMITED

The respondent, William G.K. Thompson, was the Retail Network Development Manager at Total Ghana Limited for sixteen years. In November 2005, following the arrest of two mechanics employed by the company, the respondent was asked to give statements to the police. Subsequently, he was suspended by the company via a letter dated 1 November 2005, on grounds that he was implicated in ongoing police investigations. The respondent contended that the police made no adverse findings against him and he was never charged with any offence. He also argued that he was not given an opportunity to confront the allegations before suspension.

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YEBOAH, JSC:- This an appeal from the judgment of the Court of Appeal dated 31 July 2008, which affirmed the previous decision of the trial High Court, Accra. The respondent herein, who commenced the action as plaintiff at the High Court, Accra was at the time material to the action The Retail Network Development Manager of the appellant’s company. He had been in this official position for sixteen years and was a Senior officer. In November of 2005, the Acting Manager Director of the appellant’s company,informed him that some employees of the company had been arrested and that the respondent should go to the Police Station at Legon to give a statement to the Police. It turned out that two mechanics who were employees of the company at East Legon filling Station had been arrested. The respondent gave a statement to the Police and reported later to the Police Station on subsequent days. On the 1st of November 2005, the respondent was at work when the Acting Managing Director of t...