Acheapong and Another Vrs Ghana Highway Authority [2019] GHASC 89 (11 December 2019)

Acheapong and Another Vrs Ghana Highway Authority [2019] GHASC 89 (11 December 2019)

The appellants were found to have committed acts of dishonesty by certifying payments for works not executed or unsatisfactorily executed, breaching their positions of trust and the Senior Staff Conditions of Service. The respondent Authority was justified in summarily dismissing them and not bound by the committee's recommendations. Dishonest conduct disentitled the appellants to terminal benefits.

Citation
[2019] GHASC 89
Parties
Plaintiff/respondent/appellant: Kwame Boadi Acheampong; Plaintiff/respondent/appellant: Wisdom Ntim Awuku; Defendant/appellant/respondent: Ghana Highways Authority
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
11 December 2019
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Summary Dismissal, Disciplinary Proceedings, Dishonesty in Public Service, Employment Benefits, Superior Orders, Wrongful Dismissal
Source Language
English
Employment Law Public Service Law Administrative Law Summary Dismissal Disciplinary Proceedings Dishonesty in Public Service Employment Benefits Superior Orders +1 more

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Parties

Kwame Boadi Acheampong

Plaintiff/respondent/appellant

Wisdom Ntim Awuku

Plaintiff/respondent/appellant

Ghana Highways Authority

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether there was legal basis for the disciplinary action and summary dismissal of the appellants
  2. 2 Whether the appellants were entitled to terminal benefits after dismissal for dishonesty
  3. 3 Whether the respondent Authority was bound by recommendations of its investigation/fact finding committee

Ratio Decidendi

The appellants were found to have committed acts of dishonesty by certifying payments for works not executed or unsatisfactorily executed, breaching their positions of trust and the Senior Staff Conditions of Service. The respondent Authority was justified in summarily dismissing them and not bound by the committee's recommendations. Dishonest conduct disentitled the appellants to terminal benefits.

Court Disposition

appeal dismissed

Orders

  • The appellants' appeal is dismissed.
  • The order of the Court of Appeal abating the dismissals to removals with full benefits is reversed.