DAVID AGBELI vs. MERCHANT BANK GHANA LTD.

The appellant, David Agbeli, was employed by Merchant Bank Ghana Ltd. as acting Head of Credit Risk Management Department from August 2005 until his summary dismissal on 6 February 2008. The bank accused him of breaching its credit policy by approving loans in excess of his authority without proper ratification. The appellant contended that such approvals were made under discretionary clauses of the bank's credit policy, with subsequent ratification by higher authorities including the Managing Director and Credit Committee. He denied misconduct and claimed wrongful dismissal after the bank rejected his petition to the Board of Directors and dismissed him following an internal investigation.

DORDZIE (MRS.) JSC:- Facts: Until 6th February 2008, the Appellant herein was in the employment of Merchant Bank Ghana Ltd, the respondent, (the bank) as the acting head of the Credit Risk Management Department. He was employed in August 2005 and worked as next in command in the said department until his elevation to the acting position of the head of the said department. In or about October 2007, the respondent found cause to complain about the manner the appellant was performing his role as head of the Credit Risk Management Department of the Bank. Therefore on 6/10/2007 it wrote to the appellant, (a query) to explain his actions which was found to have breached the rules of the bank’s credit policy; details of the breach were particularized in the said letter, (exhibit C). On 9/10/2007, the bank wrote the appellant to proceed on leave while it investigated matters. The appellant wrote a response .....