Kojo Mensah was employed by A&B Co. Ltd, as a Waste Management technician. Before his employment, Kojo Mensah presented a certificate to evidence the fact that he was very qualified for the job as a Waste Management technician. One and half years into his employment, Kojo Mensah’s subordinates petitioned the Management of A&B Co. Ltd that Kojo Mensah was not exhibiting a high sense of professionalism in his position as a Waste Management technician, as several complaints were coming from the clients of A&B Co Ltd to the effect that the services being rendered by the Company were unsatisfactory, adding that Kojo Mensah, as the Officer in charge of that unit, could not supervise the operations of the said unit. It later came to light after the company conducted further due diligence on Kojo Mensah’s academic and professional background, that the certificate he submitted for his employment was a forged one. Prior to the submission of the Petition against him, Kojo Mensah had on several occasions been queried by Management for abandoning his duty post, and also getting very drunk during working hours. Without giving Kojo Mensah an opportunity to respond to the petition, the Management of A&B Co. Ltd did not dismiss Kojo Mensah, but terminated his appointment from the Company, on these grounds.
a) Explain whether A&B Co. Ltd was justified in terminating the appointment of Kojo Mensah. (10 marks)
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- There is a contractual relationship between Kojo Mensah and the A&C company Limited
- From the scenario, there is a case of gross misconduct on the part of Kojo Mensah.
- Therefore, notwithstanding the existing contract between Kojo Mensah and A&B company, the company, could on disciplinary grounds terminate Kojo Mensah’s appointment for gross misconduct.
- The company was, therefore, justified in terminating Kojo Mansah’s appointment
b) Explain whether Kojo Mensah has any chance of success in seeking redress. (5 marks)
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- Kojo Mensah can seek redress in court because of the fact that the company did not give him a hearing, adding that in view of the fact that, the grounds for the termination of Kojo Mensah’s appointment were disciplinary, he ought to have been given a hearing: not giving Kojo Mansah a hearing offends the principle of natural justice.
- Kojo Mensah, therefore, has a bright chance of success in the court as he can sue A&B Company for damages for wrongful termination of his appointment.
- Kojo Mensah cannot sue for re-instatement because contractual relationship is not for servitude
c) Differentiate between dismissal of one’s appointment and termination of one’s appointment. (5 marks)
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Dismissal
- No benefits are payable
- No notice in lieu of salary
- Dismissal necessarily implies that it is a disciplinary action
Termination - One is entitled to accrued benefits.
- Termination requires notice or salary in lieu of notice
- Termination may be disciplinary or non disciplinary.