From Alfred Adams, Takoradi A Sekondi High Court would, on Thursday (14th December), begin the hearing the case in which a former worker of the Ghana Ports and Harbors Authority (GPHA), Mr. Fortune Agbodza, has sued the management of the Authority for wrongful dismissal. Fortune Agbodza, until his dismissal, was a Supervisor at the […]
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From Alfred Adams, Takoradi
A Sekondi High Court would, on Thursday (14th December), begin the hearing the case in which a former worker of the Ghana Ports and Harbors Authority (GPHA), Mr. Fortune Agbodza, has sued the management of the Authority for wrongful dismissal.
Fortune Agbodza, until his dismissal, was a Supervisor at the Signal Department of the GPHA.
The former GPHA worker is seeking a declaration that his purported dismissal from office was capricious, arbitrary, vindictive and wrongful. For this reason, he is seeking general damages for wrongful dismissal, and an order for the repayment of all official and personal entitlements due him, as deducted from his salaries before his purported dismissal.
In a statement of claim accompanying the writ, Fortune Agboza averred that in the course of his duties as a Signal Supervisor, working with the Marine Operations Department at the Takoradi Port, he detected certain financial malpractices, improprieties, underhand dealings, irregular transactions, and abuse of office by some senior employees of the GPHA, which invariably could lead to financial loss.
As a Signal Officer, and a member of the Local Union, who was uncomfortable with the irregular transactions, underhand dealings and financial malfeasance, he (the plaintiff), acting as a whistleblower to protect the company, wrote a letter to the Local Union to apprise it of the malfeasance.
The plaintiff continued that following his letter, he was posted from the Signal Office as a Signal Supervisor, to the Personnel Administrative Department as Personnel Supervisor by the then Director of Port, Takoradi.
This transfer made him redundant as a Signal Supervisor, as he was never assigned any duties as Personnel Supervisor. He was also made to sit idle at the Reception until he was dismissed.
The plaintiff continued that, by memo dated the 23rd November 2015, the defendant company (GPHA) decided to set up a committee of enquiry to investigate the issues raised in his petition, and requested him to submit all documentary evidence in respect of the issues raised.
The plaintiff said he made it quite clear to the defendant company that all the allegations could not be supported documentarily, but indicated his preparedness to appear before the committee to produce the relevant documents, which were in the defendant company’s system, if permission was granted.
By a letter dated 19th January 2016, the plaintiff was interdicted as Personnel Supervisor to facilitate investigations into the issues.
Not satisfied with the interdiction letter, Counsel for the plaintiff challenged the decision, and he was consequently reinstated.
On 15th February, the plaintiff appeared before the committee providing the relevant oral and documentary evidence, based on questions asked by the committee.
The plaintiff averred that without being made aware of the report of the committee, or any charges being laid against him in accordance with the Collective Bargaining Agreement governing his employment, he was summarily dismissed by his employer, by a letter dated the 7th of July 2016, under the hand of Richard Anamoo.
The GPHA, in a statement of defence, denied that aspect of plaintiff’s statement, arguing that plaintiff would be put to strict proof of the said averment at the trial. The defendant averred that the report of the Committee of Enquiry demonstrated the gravity and enourmity of the vicious nature of the plaintiff’s letter, as he failed miserably to prove any of the facts.
It added that the plaintiff at all times knew the facts stated in his letter were all false and only calculated to tarnish the image of the Authority and that of responsible and hardworking officers.
That before the committee, the plaintiff admitted that he was only speculating and assuming, based on mistaken belief and assumptions, thus admitting having peddled vicious untruths.
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