[2012]DLHC4302December 13, 2012High Court

EMMANUEL NARTEY SANGMORTEY vs. STANDARD CHARTERED BANK LTD.

The Plaintiff, Emmanuel Nartey Sangmortey, a former employee of the Defendant, Standard Chartered Bank Ltd., with over 28 years of service, was terminated from his position as Branch Support Manager at the Osu Branch. The termination followed allegations of anomalies in ATM cash reconciliation and falsification of records at the Dansoman branch. The Plaintiff was queried multiple times, responded to these queries, was interdicted pending investigations, but was not invited to a disciplinary hearing before termination. He claimed the termination was unlawful, discriminatory, and contrary to the Collective Agreement and Labour Act. The Defendant contended the termination was lawful, followed contractual and statutory procedures, and denied discrimination.

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The Plaintiff, Emmanuel Nartey Sangmortey, an ex-employee of the Defendant Company issued out writ of summons against the Defendant, Standard Chartered Bank Ltd. on 22nd April, 2010 for unlawful termination of appointment and other related reliefs together with a statement of claim. The Defendant entered appearance on 14th May, 2010 and went on to file its statement of defence on 7th October, 2010 denying the claim of the Plaintiff. On 6th December, 2010, the Plaintiff filed an application for directions in which the following issues were raised: a. Whether or not the termination of Plaintiff’s appointment by Defendant per its letter dated 11th day of December, 2006 was lawful. b. Whether or not Defendant followed the procedure laid down in the Agreement between Defendant and the union of Industry, Commence and Finance Workers (PMSC) in terminating the employment of Plaintiff. c. Whether or not the termination of the employment of the Plaintiff was contrary to the Labour Act......