HOPE AYINE ABOORE vs. GHANA POST COMPANY LTD [2017]DLHC8175

Date	2017-04-10
Suit No.	SUIT No. C3/04/2014
Citation No.	[2017]DLHC8175

HIS LORDSHIP JUSTICE JACOB B. BOON JUSTICE OF THE HIGH COURT.

RICHARD ADAZABRA FOR THE PLAINTIFF

AMOAK AFOKO FOR THE DEFENDANT

[2017]DLHC8175
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													<main id="main" class="content" style="min-height: 60rem" >HOPE AYINE ABOORE<o:p></o:p>vs.<o:p></o:p>GHANA POST COMPANY LTD<o:p></o:p>[HIGH COURT,
BOLGATANGA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT
No. C3/04/2014&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 10TH APRIL, 2017<o:p></o:p>

</div>COUNSEL:<o:p></o:p>RICHARD ADAZABRA FOR THE PLAINTIFF <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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AMOAK AFOKO 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;
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HIS LORDSHIP JUSTICE JACOB
B. BOON JUSTICE OF THE HIGH COURT.<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;
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</div>Until he was summarily dismissed
through a letter dated 27th August, 2010, the plaintiff was in the employment
of Ghana Post Company Limited, the defendant in this suit. He held the rank of Deputy
Administrative Manager at the time of his dismissal. The letter dismissing him is
in evidence as exhibit “B”. It indicated that his dismissal was as a result of
vacation of post in that he absented himself from duty without permission from
the 17th of May, 2010, up to ninety days. At the trial, it was
established that he, indeed, stayed away from his duty post for up to the
ninety days. The dismissal was made to take retrospective effect from 1st
June, 2010. Exhibit “B” further stated that the dismissal was in line with
Article 24 of the 2010/2011 Collective Bargaining Agreement (CBA) between the
defendant and the Communications Workers Union of the Ghana Trades Union
Congress (GTUC).&nbsp; In evidence, introduced
by the plaintiff, are two pages of the CBA indicating the details of the said
Article 24. They are marked together as exhibit “F”. The article pertains to
vacation of post by an employee of the defendant. For the sake of regularity, its
details are reproduced below:<o:p></o:p><o:p>&nbsp;</o:p>“An employee who absents himself from work for ten (10)
working days without permission or reasonable cause and his/her whereabouts are
unknown shall be regarded as having vacated his post and shall be summarily
dismissed”<o:p></o:p><o:p>&nbsp;</o:p>It was for the alleged reason
of vacation of post by the plaintiff that he was dismissed by the defendant.
The defendant is described in paragraph 2 of the statement of claim in the
following terms: <o:p></o:p><o:p>&nbsp;</o:p>“an incorporated body under the laws of Ghana charged
with the duty of managing the postal services of Ghana and particularly focused
on providing its domestic and foreign customers in the communication and
financial market with prompt, efficient, reliable and secure service”. <o:p></o:p><o:p>&nbsp;</o:p>Undoubtedly, for an
efficient and effective discharge of its mandate, the defendant requires a
committed and dedicated staff, in which situation it will not tolerate absenteeism
by any of its employees, the reason it assigned for the summary dismissal of
plaintiff. The plaintiff however asserts that his dismissal was “unfair, unjust
arbitrary, unconstitutional and totally without due process”. He therefore
mounted the instant action claiming the following reliefs:<o:p></o:p><o:p>&nbsp;</o:p>“A. &nbsp;A Declaration that the Defendant breached its
employment contract with the plaintiff by unfairly, unlawfully, wrongfully,
illegally and summarily dismissing him per letter dated 27th August,
2010.<o:p></o:p><o:p>&nbsp;</o:p>B.&nbsp;&nbsp;&nbsp;&nbsp;
A Declaration that the
wrongful acts of Defendant’s agent leading to his unlawful dismissal were the
acts of the Defendant.<o:p></o:p>C.&nbsp;&nbsp;&nbsp;
An order reinstating the
plaintiff in his position as Deputy Administrative Manager in Defendant
Company.<o:p></o:p><o:p>&nbsp;</o:p>D.&nbsp;&nbsp;&nbsp;
An order compelling the
Defendant to pay to the plaintiff his accumulated salary arrears covering ten
(10) months that he worked for the Defendant</main>