[2011]DLSC2954 • March 30, 2011 • Supreme Court •
FELIX YAW BANI vs. MAERSK GHANA LIMITED
The appellant, Felix Yaw Bani, was employed as the Inland Container Depot (ICD) officer at Maersk Ghana Limited's Kumasi depot. Following an incident where an unauthorized third-party truck was found on the depot premises, a subcommittee was established to investigate. The subcommittee found that the appellant failed to exercise adequate supervision by allowing the unauthorized truck to remain on site, posing security risks. Consequently, Maersk Ghana Limited terminated the appellant's employment by letter dated 19 September 2006. The appellant challenged the termination as unlawful and unfair, seeking reinstatement or compensation.
read moreDR 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, w...