MERCHANT BANK LTD vs. NATIONAL LABOUR COMMISSION

OFOE, JA Reverend Joseph Koranteng, hereinafter referred to as Rev, attended the Annual General Meeting of the appellant Bank on the 27th of March 2012 as proxy of the Merchant Bank (Ghana) Limited Permanent Staff Provident Fund. This Fund is managed by trustees. It is these trustees who gave the mandate to Rev to represent the staff of the Fund since it will not be convenient for all of them to leave their post to attend the meeting. Shareholders of the bank, include some members of staff, both unionized and non- unionized staff and ex employees. All these were entitled to attend the meeting. In addition to being a shareholder, Reverend was also the Union Chairman. After the said Annual General Meeting Reverend was alleged to have circulated false information with intent to cause disaffection for the Board members and other workers of the Bank using the Banks intranet. By the Collective Bargaining Agreement the intranet is considered part of the notice board of the bank. The appell...