Oduro Vrs Graphic Communication Group Ltd [2018] GHASC 74 (12 December 2018)

Oduro Vrs Graphic Communication Group Ltd [2018] GHASC 74 (12 December 2018)

The Plaintiff failed to plead any material facts regarding procedural impropriety or the composition of the disciplinary committee. The evidence supported the findings that the Plaintiff was negligent and dishonest. The Board was entitled by law to act through a committee, and due process was observed. There was no merit in the appeal.

Citation
[2018] GHASC 74
Parties
Plaintiff/respondent/appellant: Frank Oduro; Defendant/appellant/respondent: Graphic Communications Group Ltd.
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
12 December 2018
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Wrongful Dismissal, Disciplinary Procedure, Pleadings, Judicial Review, Committee Powers
Source Language
English
Employment Law Administrative Law Company Law Wrongful Dismissal Disciplinary Procedure Pleadings Judicial Review Committee Powers

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Parties

Frank Oduro

Plaintiff/respondent/appellant

Graphic Communications Group Ltd.

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the findings of fact made by the trial High Court and endorsed by the Court of Appeal could be supported by the evidence on record
  2. 2 Whether the disciplinary proceedings that resulted in the dismissal of the Plaintiff followed due process under the Management Conditions of Service and applicable law

Ratio Decidendi

The Plaintiff failed to plead any material facts regarding procedural impropriety or the composition of the disciplinary committee. The evidence supported the findings that the Plaintiff was negligent and dishonest. The Board was entitled by law to act through a committee, and due process was observed. There was no merit in the appeal.

Court Disposition

appeal dismissed