MICHAEL S TETTEH QUARCOO vs. BLOWPLAST INDUSTRIES LTD. [2013]DLHC5543

Date	2013-05-03
Suit No.	SUIT NO: INDL 72/11
Citation No.	[2013]DLHC5543

JUSTICE KWABENA ASUMAN-ADU

MR. FORSTER BONEY FOR THE PLAINTIFF

MRS. JUSTINA TETTE DONKOR FOR THE DEFENDANT.

[2013]DLHC5543
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													<main id="main" class="content" style="min-height: 60rem" >MICHAEL S TETTEH
QUARCOO<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>BLOWPLAST INDUSTRIES
LTD.<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH COURT (INDUSTRIAL/LABOUR DIVISION), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

SUIT NO: INDL 72/11&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 3RD MAY,
2013<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>MR. FORSTER BONEY FOR THE
PLAINTIFF.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

MRS.
JUSTINA TETTE DONKOR FOR THE DEFENDANT. <o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

JUSTICE KWABENA ASUMAN-ADU<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

JUDGMENT<o:p></o:p>

</div>Plaintiff
herein, Michael Stanley Tetteh Quarcoo was engaged by the Defendant Company as
an Assistant Accountant on 1st July, 1995. He was later promoted to
become the Accountant of the company on a monthly salary of GH¢1,387.00 in
2004. In June, 2004 as part of his duties, the Plaintiff was entrusted with two
cheques totaling GH¢4,660.00 to cash from two different banks. A driver by name
Adjetey Anum was instructed by the Defendant to drive the Plaintiff to the
banks to cash the said cheques. The Plaintiff and the said driver went to the banks
and cashed the cheques and the Plaintiff put the money in the boot of the
vehicle which was being driven by Adjetey Anum as had been the practice. The
Plaintiff sat in the vehicle but the driver alleged that the vehicle would not
start. He as a result asked the Plaintiff to give it a push which the Plaintiff
obliged. As soon as Plaintiff made attempt to push it, the driver started the
vehicle and sped off with the money. Even though Plaintiff gave him a chase he
could not catch up with him. <o:p></o:p><o:p>&nbsp;</o:p>The
Plaintiff made a report to the police and also reported it to his employers.
The police commenced investigations into the incident as a result of which the
driver was arrested. Meanwhile, the Defendant was not satisfied with the
explanation given by the Plaintiff so it put him on an indefinite suspension
pending the outcome of police investigations and the recovery of the stolen
money, after which a final decision on his continued employment with the
Defendant would be determined.<o:p></o:p><o:p>&nbsp;</o:p>After
police investigations the driver was put before the circuit court in Accra and
the Plaintiff used as a prosecution witness. The driver was subsequently
convicted for stealing and was sentenced to pay a fine of GH¢1,200.00 or in
default three years I.H.L on 31st December, 2009. The stolen money
was, however, not recovered.<o:p></o:p><o:p>&nbsp;</o:p>Following
the conviction and sentence of the driver, the Plaintiff caused his counsel to
write to the Defendant demanding a re-instatement and payment of all due
remuneration but the Defendant did not respond to it. The Plaintiff, therefore,
by a writ of summons accompanied by a statement of claim filed on 17th
February, 2011 commenced the instant action against the Defendant for the
following reliefs:<o:p></o:p><o:p>&nbsp;</o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (a)
Order of declaration that the indefinite suspension is illegal and wrongful.<o:p></o:p>