[2022]DLSC11699June 29, 2022Supreme Court

IRENE TETTEY-ENYO vs. ELECTRICITY COMPANY GH. LTD.

The Plaintiff, Irene Tettey-Enyo, was employed as a Senior Customer Relations Assistant by the Defendant, Electricity Company Ghana Ltd (ECG). She was dismissed after a video aired on national television showed her receiving money during working hours, allegedly from a customer, which was deemed to bring the company's name into disrepute. The Plaintiff denied wrongdoing, explaining the money was change from errands she sent others to run due to her inability to take breaks. A committee of enquiry investigated and recommended dismissal. The Plaintiff challenged the dismissal as unlawful, alleging breach of natural justice and insufficient evidence.

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TORKORNOO JSC:- The points of contention in this suit that has reached up to the second appellate court are a. whether or not the dismissal of the Plaintiff from the employment of the defendant for being filmed receiving money from a third person was wrongful or not. b. if the dismissal was wrongful, whether or not an order for damages for the said wrongful dismissal, as well as an order for the reinstatement of her employment granted by the high court, and affirmed by the court of appeal, are supported by law. Background Until April 2012, the Plaintiff/Respondent/Respondent (Plaintiff) was employed by the Defendant/Appellant/Appellant (Defendant) as a Senior Customer Relations Assistant at the defendant’s Afienya office. The grounds for the dismissal of Plaintiff from the employment of Defendant rested on the provision found in Appendix ‘C’. A. ix of defendant’s Collective Agreement with the Public Utility Workers’ Union in the words ‘Any offence or act deemed to ...