[2017]DLSC17580December 19, 2017Supreme Court

MRS. ABENA POKUAA ACKAH vs. AGRICULTURAL DEVELOPMENT BANK

The Applicant, Mrs. Abena Pokuaa Ackah, was employed by the Agricultural Development Bank and was dismissed for gross misconduct based on a secretly recorded telephone conversation with a journalist, in which she criticized the bank's restructuring and bonuses paid to management. The recording was played at a disciplinary hearing, after which she was suspended and later terminated. The Applicant challenged her dismissal on grounds of violation of her constitutional rights to privacy, freedom of speech, and fair hearing.

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JUDGMENT DOTSE, JSC:- This is an appeal by the Applicant/Appellant/Appellant, hereafter Applicant against the judgment of the Court of Appeal dated the 10th day of April 2014 which affirmed the decision of the trial court in favour of the Respondents/Respondents/Respondents, hereafter, Respondents. This appeal had been filed by the Applicant pursuant to leave granted by this court on 25th/10/2017 as per Amended Notice of Appeal dated 1/11/2017. Brief Introductory Facts In order to give very clear understanding of the facts of this case, we wish to commence by a quotation of a letter dated 13th February 2012, which dismissed the Applicant from the employment of the Respondent Bank. This is because, to us, this letter served as the concluding stages of this protracted litigation. The letter reads as follows:- “13th February 2012 Mrs. Abena Pokua Ackah Dear Madam, GROSS MISCONDUCT – TERMINATION OF APPOINTMENT We refer to our query to you on the above subject m...