LAW TIP
An employer is not bound by the recommendations of an investigative committee. The final decision to dismiss an employee lies entirely with management. AKPASS v GHANA COMMERCIAL BANK (J4/08/2021) (16 June 2021)
QUOTE FROM JUDGEMENT
“Thus, where the CBA has vested power in management (as in this appeal) to dismiss summarily, the employer’s power to exercise it is “short, sharp and peremptory to the extent that where the employer has set up a departmental board of inquiry which has made certain recommendations to the employer the decision to dismiss is entirely for the employer who is not bound to accept the recommendations”: see Republic v. State Hotels Corporation; Ex parte Yeboah [1980] GLR 875 where the Court of Appeal per Edusei JA held at page 879 that: “In our opinion, the recommendations of the investigation/fact finding enquiry set up by the respondent Authority was not binding on management. The Chief Executive was right in making his own decision to dismiss the appellants summarily”. Based on the provisions above, it is our considered opinion that the failure by the respondent to comply with article 14(h)iii) of the CBA could be remedied by the internal procedures within the CBA. This, per se will not nullify or make management decision on the worker unlawful. We are, therefore, unable to agree with counsel for the appellant that the failure by respondent to comply with article 14(h)(iii) rendered the dismissal unlawful.” AKPASS v GHANA COMMERCIAL BANK (J4/08/2021) (16 June 2021)