KWABENA DAPAAH SIAKWAN vs. GHANA COMMERCIAL BANK LTD. [2017]DLHC5209

Date	2017-03-15
Suit No.	SUIT NO. BMISC/739/2004
Citation No.	[2017]DLHC5209

JUSTICE DENNIS ADJEI

[2017]DLHC5209
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													<main id="main" class="content" style="min-height: 60rem" >KWABENA DAPAAH SIAKWAN<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>GHANA COMMERCIAL BANK LTD.<o:p></o:p>(DEFENDANT)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">SUIT NO. BMISC/739/2004&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: 15TH MARCH,
2017<o:p></o:p>

</div>CORAM:
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JUSTICE DENNIS ADJEI<o:p></o:p>

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</div>The Plaintiff who was
dismissed by the Defendant as its Deputy Managing Director for Finance and
Administration on 25th August,2003 sued the Defendant in this Court
challenging the legitimacy of his dismissal. The reliefs sought by the
Plaintiff against the Defendant are as follows:<o:p></o:p>“1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A Declaration that the said hearing
conducted by the Board of the Defendant Bank before the purported dismissal of
the Plaintiff from employment is in clear violation of the rules of natural
justice, the Bank’s own internal procedures and of Article 23 of the 1992
Constitution of Ghana.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An order setting aside the decision of
the Board in the purported dismissal of the Plaintiff as it was totally
destitute of legal effect.<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Damages for psychological trauma
Plaintiff have had to endure especially when the Bank informed the whole&nbsp; world&nbsp;
in their 2003 annual&nbsp; report that
the Plaintiff had been dismissed for gross misconduct.<o:p></o:p>4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The payment of all forfeited salary and
allowances, 2002 annual bonus and any amount&nbsp;
due to the plaintiff up to the date of the judgment of this case and
interest thereon at the prevailing bank rate.<o:p></o:p>5.
Any other orders as the court may see just”.<o:p></o:p>The brief facts of the Plaintiff’s
case were that he was the Deputy Managing Director responsible for Finance and
Administration in the Defendant’s bank. The Plaintiff work schedule included
the&nbsp; supervision of five divisions&nbsp; of the bank and each division was headed by
a&nbsp; General Manager. It was found that
fraud&nbsp; had been perpetuated&nbsp; on the Bank through&nbsp; one of its departments known as Global
Transfer Service which&nbsp; was responsible
for International Money Transfer. Global Transfer Service was one of the
departments under the Treasury Division; one of the divisions under the Plaintiff’s
schedule.<o:p></o:p>A disciplinary committee was
set up to investigate the matter. The Plaintiff initially appeared before the
Committee as a witness but was later on made one of the suspects as a result of
the alleged revelations which subsequently came up.<o:p></o:p>&nbsp;The composition of the Disciplinary Committee was
widened as it was initially set up to investigate officers who were not up to
the level of the Plaintiff. The Plaintiff was finally dismissed based on the
findings and recommendations by the Disciplinary committee. The Plaintiff’s
position was that&nbsp; the Disciplinary&nbsp; committee which investigated him lacked
mandate under the Ghana&nbsp; Commercial Bank
Ltd. Staff Service&nbsp; Rule which came into
force on 16th September,1994 to investigate&nbsp; him&nbsp;
and any findings and recommendations made by the Disciplinary Committee
was void and&nbsp; of no legal effect.<o:p></o:p>The Defendant disputed the
Plaintiff’s claim and averred in its pleadings that the Plaintiff was dismissed
in accordance with law.&nbsp; The Defendant
further counterclaimed against the Plaintiff for general damages, interest at
the prevailing bank rate and cost.<o:p></o:p>At the close of pleadings,
the parties agreed on ten issues and they are as follows:<o:p></o:p>“1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Whether or not the Inspection Division&nbsp; of the Defendant&nbsp; Bank is&nbsp;
the appropriate&nbsp; and
competent&nbsp; body to investigate&nbsp; any issues bothering&nbsp; on suspicion of&nbsp; operational&nbsp;
impropriety on the part of any member of staff irrespective of grade.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Whether or not&nbsp; the esta</main>