MERCY DOROTHY ANIM vs SIC INSURANCE COMPANY LTD. [2016]DLHC16226

Date	2016-04-07
Suit No.	BMSC/880/2012
Citation No.	[2016]DLHC16226

HER LADYSHIP JUSTICE AKUA SARPOMAA AMOAH (MRS.)

KWABENA ASANTE

KWAME ADOBOR

[2016]DLHC16226
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													<main id="main" class="content" style="min-height: 60rem" >&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>MERCY DOROTHY ANIM<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs<o:p></o:p>SIC INSURANCE COMPANY LTD.<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH COURT OF JUSTICE
(COMMERCIAL DIVISION) ACCRA]<o:p></o:p>&nbsp;&nbsp;<div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

BMSC/880/2012&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;7TH APRIL 2016<o:p></o:p>

</div>COUNSEL:<o:p></o:p>KWABENA
ASANTE FOR PLAINTIFF PRESENT<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

KWAME ADOBOR FOR DEFENDANT PRESENT<o:p></o:p>

</div>CORAM<o:p></o:p>HER LADYSHIP JUSTICE AKUA SARPOMAA
AMOAH (MRS.)<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="text-align:center;border:none;
mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGEMENT<o:p></o:p>

</div>&nbsp;The
Plaintiff herein was until the 11th day of December 2006, in the
employment of Defendant Company as a Chief Clerk stationed at Kumasi.&nbsp; In the month of October that same year, a
three Member Committee was constituted by the Defendant Company to investigate
allegations of diversion of direct businesses at the Kumasi area office. &nbsp;At the end of the preliminary investigations
by the three-member committee, an interim report was submitted by the said
committee to a five Member Disciplinary Committee, charged with the conduct of
hearings involving persons suspected to have been involved in the said
malpractice. &nbsp;Plaintiff happened to be
one of the persons implicated in the said report. &nbsp;After appearing before the said Committee for
interrogation, Plaintiff was by a letter dated the 11th day of
December, 2006 summarily dismissed from the employment of the Defendant on
grounds of gross misconduct. &nbsp;Plaintiff
avers in her Amended Statement of Claim filed on the 9th day of March,
2015, that upon receipt of her dismissal letter, she followed up to the head
office of the Defendant Company where she was handed a copy of the final report
of the Committee. &nbsp;According to her, the
said report revealed that her dismissal was based on some allegations leveled
against her by one Afari Bediako who she was neither given the opportunity to
meet nor cross-examine at the Committee hearing.&nbsp; Plaintiff thus petitioned Defendant against
her dismissal but the Defendant Company wrote back affirming its decision.<o:p></o:p>&nbsp;In
the event, Plaintiff filed the present writ on the 5th day of July,
2012, claiming the following against the Defendant:<o:p></o:p>a) A declaration that the dismissal of Plaintiff
by the Defendant on the 11th of December 2006 is wrongful.<o:p></o:p>b) Salaries and
allowances due Plaintiff from December 2006 to date of judgement with interest
thereon.<o:p></o:p>c)
Damages for wrongful dismissal.<o:p></o:p>e)
Costs.<o:p></o:p>&nbsp;The
Defendant on the other hand, vehemently denies that Plaintiff is entitled to
the said reliefs. &nbsp;By its Statement of Defence
filed on the 26th of July 2012, the Defendant denies that the
committee was in breach of its stipulated methodology in hearing the Plaintiff
and maintains that the Plaintiff was given every opportunity to be heard by the
Disciplinary Committee duly constituted, before its arrival at the decision to
dismiss her summarily for gross misconduct and abuse of office.<o:p></o:p>&nbsp;At
the close of pleadings, issues filed by both Parties were settled for
determination at the trial.&nbsp; Some of the
said issues are clearly intertwined and therefore do not require being dealt
with separately. &nbsp;In my opinion the
issues relevant for the resolution of this matter are as follows:<o:p></o:p>&nbsp;1)
Whether or not the Plaintiff’s dismissal
was in breach of the Disciplinary Committee’s method of hearing and
investigating staff.<o:p></o:p>2)
Whether the plaintiff was dismissed on grounds of proven misconduct,<o:p></o:p>3) Whether or not the plaintiff is
entitled to the reliefs endorsed on</main>