[2017]DLCA4984 • March 27, 2017 • Court of Appeal
JOHN ETSIBAH vs. AFRICAN MINING SERVICES GH. LTD.
HONYENUGA, J.A. This is an appeal filed by the defendant/appellant, (hereinafter called the appellant), against the judgment of the Circuit Court, Takoradi dated the 31st day of July 2014. The said Court entered judgment for the plaintiff/respondent (hereinafter called the respondent) on his relief claimed. The facts of this appeal were that the respondent was an auto electrician of the appellant and earned US$477.28 a month. The respondent was said to have been involved in an illegal strike with other employees on duty, as a result, the respondent was interdicted and paid half his salary. The respondent was subsequently invited to appear before a Disciplinary Committee set up by the appellant having been accused of having “called emergency on the radio and also activated siren to gather workforce to hold on operation”. The respondent vehemently denied the accusation. Without following the disciplinary procedure in accordance with the Collective Bargaining Agreement, the a...