[2018]DLSC4518December 12, 2018Supreme Court

FRANK ODURO vs. GRAPHIC COMMUNICATION GROUP LTD

The Plaintiff, Frank Oduro, was employed by the Defendant, Graphic Communication Group Ltd, from October 2005 until his dismissal on or about 4 April 2013 for alleged negligence and causing financial loss. The dismissal included a surcharge of GH₵41,195.66 and a deduction of GH₵23,507.27 from his provident fund. The dispute arose over whether advertisements for the Electoral Commission (EC) were placed directly or through Driwald Advertising Agency, with the Plaintiff granting a 10% discount to Driwald as a registered agent, contrary to the Defendant's position that the adverts were placed directly by the EC. The Plaintiff denied negligence and dishonesty.

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BENIN, JSC:- The Plaintiff/respondent/appellant, hereinafter called the Plaintiff, was in the employment of the Defendant/appellant/respondent, hereinafter called the Defendant, from October 2005 until his appointment was terminated by letter on or about 4th April 2013. The reasons assigned in the letter of dismissal were negligence of duty and causing financial loss to the Defendant. The dismissal letter further surcharged the Plaintiff and one other named person with the amount of GH₵41,195.66 which was said to have been lost to the Defendant as a result of Plaintiff's alleged negligence. Not only was the Plaintiff denied all his benefits, the Defendant went further to deduct the sum of GH₵23,507.27 from his provident fund contributions to defray part of the sum alleged to have been lost to the Defendant. The Plaintiff maintained his innocence of all allegations made against him by the Defendant. The whole matter arose from some adverts placed by or on behalf of the Electoral...