[2021]DLSC10768 • June 16, 2021 • Supreme Court •
GEORGE AKPASS vs. GHANA COMMERCIAL BANK LTD.
The appellant, George Akpass, a chief clerk at Ghana Commercial Bank's Bole Branch for 27 years, was summarily dismissed on 29 May 2009 following allegations of fraudulent transfer of funds and unauthorized immediate value given to cheques contrary to bank policies. He was interdicted and subjected to a disciplinary hearing. He challenged his dismissal as unlawful and sought reinstatement and compensation. The bank counterclaimed for financial losses. The High Court and Court of Appeal dismissed his claims, leading to the appeal before the Supreme Court.
read moreUntil 29th May 2009, the appellant, George Akpass was a chief clerk of the Bole Branch of respondent bank, having worked there for approximately 27 years. The appellant was summarily dismissed on 29th May 2009. He was initially interdicted for certain acts of fraudulent transfer of funds into his accounts and uncredited lodgement into the account of Total Petroleum by a customer of the bank called Gyimantwi Enterprise. Prior to the dismissal, a disciplinary hearing was held into the source of his authority to give immediate value to bank cheques sent for clearing between 1st January 2007 and April 2008 contrary to laid down policies of the bank. FACTS: The appellant challenged his dismissal by a writ at the High Court, Accra. He sought a declaration that his dismissal was unlawful, reinstatement with full benefits, compensation for unlawful dismissal, damages, costs, and solicitor’s fees, In the alternative, he asked for payment of his end of service benefits from 20th May 2009, in.....