[2017]DLHC8175 • April 10, 2017 • High Court
HOPE AYINE ABOORE vs. GHANA POST COMPANY LTD
The plaintiff, Hope Ayine Aboore, was employed by Ghana Post Company Ltd as Deputy Administrative Manager. He was summarily dismissed by letter dated 27 August 2010 for vacation of post, having been absent from duty without permission from 17 May 2010 for up to ninety days. The dismissal was made retrospectively effective from 1 June 2010, pursuant to Article 24 of the 2010/2011 Collective Bargaining Agreement (CBA) between the defendant and the Communications Workers Union. The plaintiff contended that his dismissal was unfair, unlawful, and without due process, alleging denial of annual leave, withholding of salary for ten months (October 2008 to July 2009), and that he overstayed approved leave due to illness but was not given opportunity to be heard before dismissal.
read moreUntil he was summarily dismissed through a letter dated 27th August, 2010, the plaintiff was in the employment of Ghana Post Company Limited, the defendant in this suit. He held the rank of Deputy Administrative Manager at the time of his dismissal. The letter dismissing him is in evidence as exhibit “B”. It indicated that his dismissal was as a result of vacation of post in that he absented himself from duty without permission from the 17th of May, 2010, up to ninety days. At the trial, it was established that he, indeed, stayed away from his duty post for up to the ninety days. The dismissal was made to take retrospective effect from 1st June, 2010. Exhibit “B” further stated that the dismissal was in line with Article 24 of the 2010/2011 Collective Bargaining Agreement (CBA) between the defendant and the Communications Workers Union of the Ghana Trades Union Congress (GTUC). In evidence, introduced by the plaintiff, are two pages of the CBA indicating the details of the sai...