MAJOR NOBERT ABEBA TIBORI (RTD) vs. ANGLOGOLD ASHANTI (GH) LTD. [2013]DLHC5545

Date	2013-02-07
Suit No.	SUIT NO: INDL 88/10
Citation No.	[2013]DLHC5545

JUSTICE KWABENA ASUMAN-ADU

MR. K. DANSO-ACHEAMPONG FOR THE PLAINTIFF

MR. JOSEPH KWADWO KONADU WITH MR. NELSON AKONDO FOR DAVID

ATTA ASIEDU FOR THE DEFENDANT

[2013]DLHC5545
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													<main id="main" class="content" style="min-height: 60rem" >MAJOR NOBERT ABEBA TIBORI (RTD)<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>ANGLOGOLD ASHANTI (GH) 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 88/10&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;&nbsp;DATE: 7TH FEBRUARY,
2013<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR. K. DANSO-ACHEAMPONG
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">

MR.
JOSEPH KWADWO KONADU WITH MR. NELSON AKONDO FOR DAVID ATTA ASIEDU 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>The Plaintiff herein as at 5th June,
2008 had served the Ghana Armed Forces for almost 18 years. While the Plaintiff
was preparing for a U.N. operations in Darfur, he received a call from one Wing
Commander Allotey asking him to submit his curriculum vitae (CV) for submission
to a corporate institution that needed an officer of his caliber. Wing
Commander Allotey was the Managing Director of Talent Pool Ghana Limited, a
recruiting agency. Without submitting any application to the Defendant he was
invited for interview at the Gold House in Accra and the final interview at the
High Gate Hotel also in Accra. Based on the assurance of engagement by Wing
Commander Allotey, acting on behalf of the Defendant, subject to medical
fitness, Plaintiff retired from the Armed Forces at short notice thus causing
Plaintiff to forfeit a year’s remuneration and allowances in line with the
Armed Forces Regulations. Plaintiff was as a result released honourably from
the Armed Forces on 7th July 2008.<o:p></o:p><o:p>&nbsp;</o:p>On 2nd June, 2008, Plaintiff was given
an appointment letter personally by one Kwaku Awuku, the Human Resource Manager
at the Gold House having been appointed as Asset Protection Superintendent,
effective 1st June, 2008. On 5th June, 2008, the
Plaintiff reported to the Senior Human Resource Superintendent, Kwaku Sefah who
gave him pre-medical examination for fitness form and he went to the
Defendant’s clinic to have the medical examination for fitness carried out on
the same day. He was declared fit for work so he started work on the same day.<o:p></o:p><o:p>&nbsp;</o:p>The Plaintiff was asked to complete and submit an
application for employment form on 6th June, 2008 and per a
memorandum dated 9th June, 2008 he was made to start his mine site
induction on 10th June, 2009. The Plaintiff was made to undertake a
study tour in South Africa from 6th to 16th October, 2008
by the Defendant.<o:p></o:p><o:p>&nbsp;</o:p>According to the Plaintiff just as he was settling
on his job he came across documents that indicated that over 75% of the
Defendant’s workforce, were involved in gold theft and that three Asset
Protection personnel were involved in illegal sharing a truck load of gold
bearing ore. With that information on hand the Plaintiff started strategizing
to deal with the canker as the superintendent in-charge of Investigations and
Surveillance.<o:p></o:p><o:p>&nbsp;</o:p>He says on 11 November, 2008, he received a mail
from the Asset Protection Manager to the effect that he was not attending
meetings arranged by his colleague Asset Protection Superintendent even though
the organogram showed that the lateral superintendents were to report directly
to the Asset Prote</main>