[2016]DLCA4999June 27, 2016Court of Appeal

GHANA POST COMPANY LTD. vs. JOSEPH KWAKU AGYAPONG

TORKORNOO (MRS), J.A. Until his dismissal that led to this suit, the Plaintiff Respondent worked for the Defendant Appellant Company in the rank of deputy postal manager and as post master of its Dormaa Ahenkro station. During an audit of the financial records at his station in August 2011, a loss of Gh¢12,581.30 was detected. He was transferred to Sunyani in September 2011 without entitlement to a transfer grant, and on 6th January, 2012, the management of the company wrote to him indefinitely suspending him without pay for alleged embezzlement of cash at the Post Office. In March 2012, a Board of Enquiry found him ‘guilty of the charge’ of negligence contrary to Article 35 (3) (e) of the Collective Bargaining Agreement between the Appellant and the Communications Workers Union of the Ghana Trades Union Congress (GTUC) that the Respondent belonged to. The particulars of his offence read thus: ‘That you J. K. Agyapong….during the period of 2010/2011 was negligen(ce) (sic)...