EMMANUEL FOSU BOATENG vs E.B ACCION SAVINGS AND LOANS COMPANY LTD [2015]DLHC16731

Date	2015-12-18
Suit No.	SUIT NO. BMISC 542/2012
Citation No.	[2015]DLHC16731

HER LADYSHIP JUSTICE BARBARA TETTEH-CHARWAY (MRS)

EDWARD OPPONG

NOORDEEN SAEED

EVA ANGELINA BENTIL DANIELS

[2015]DLHC16731
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<span style="font-size:12.0pt;mso-bidi-font-size:11.0pt;font-family:
&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:
&quot;Book Antiqua&quot;;color:#00B0F0">EMMANUEL FOSU BOATENG<o:p></o:p>

(PLAINTIFF)<o:p></o:p>

[HIGH
COURT, ACCRA]<o:p></o:p>

&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; <o:p></o:p>

<a name="_heading=h.gjdgxs"></a>SUIT NO. BMISC 542/2012&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:
18TH DECEMBER 2015<o:p></o:p>

</div>

COUNSEL<o:p></o:p>

EDWARD
OPPONG FOR PLAINTIFF<o:p></o:p>

</div>

HER LADYSHIP JUSTICE
BARBARA TETTEH-CHARWAY (MRS)<o:p></o:p>

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

</div>

The plaintiff, Emmanuel Fosu Boateng, was until 16TH February 2012,
the Head of<o:p></o:p>

Credit
and Operations Department of the Defendant Company. Before his promotion to the
position of Head of Credit and Operations Department, the plaintiff was the
Deputy Branch Operations and Credit Manager. The Defendant, on the other hand,
is a limited liability Company registered under the laws of Ghana and working
in partnership with the International Monetary Fund (IMF).<o:p></o:p>

&nbsp;

The
plaintiff’s case is that sometime
in December 2011, he was asked
to proceed on leave to allow for
thorough investigations to be conducted into allegations received against him.
Thereafter, on 29TH December 2011 he received a letter from the Head
of Human Resource and Administration suspending him from his job for a period
of one month without salary. On 9TH
February 2012, the plaintiff was invited to appear before a committee that had
been set up to inquire into allegations made against him. These allegations
included blackmail, fraud, bribery, abuse of power and sexual harassment.<o:p></o:p>

&nbsp;

According to the plaintiff, he was
never shown a copy of the report of the investigative committee and neither was
he confronted by anyone who had been at the receiving
end of his alleged misdemeanors contrary to paragraph
3 of section 4.5 of the
Defendant’s Human Resource Manual. He claimed that on 17TH February 2012,
he received a letter from the defendant terminating his appointment. On 18TH
February 2012, he wrote formally to demand a copy of the findings of the
investigative committee but to date has not received any response.<o:p></o:p>

&nbsp;

The plaintiff maintained that the
purported termination of his appointment by the defendant was in contravention
of the defendant’s Human Resource Manual that tended to promote enhanced
punishment for repetitive acts. He therefore contended it was improper for the
defendant to have terminated his appointment at first instance in the absence
of proof of repetitive behaviour. Furthermore the plaintiff complained that the
termination of his appointment was without basis as the defendant failed to
prove any of the allegations made against him.<o:p></o:p>

&nbsp;

In respect of the allegations made
against him, the plaintiff claimed firstly that he was accused of colluding
with other employees to grant loan facilities to two customers, Randies
Enterprise and Kof</main>